The San Francisco call., 1895-11-19
Many Hours of Arguing Fail to
Bring Them Nearer to
a Verdict.
THE BANDIT MORE HOPEFUL
Chats Pleasantly With Those About
Him Until Removed to
His Cell.

MARYSVILLE, CAL, Nov. 1s.-The
jury that is to decide the fate of bandit
Jack Brady, the man charged with hav-
ing killed Sheriff Bogard in the Wheatland
hold-up, has been out since LOS o'clock
this afternoon, and at midnight all
hope of verdict being reached tonight
had been abandoned.
When the prisoner walked into court
this morning he made his first appearance
IN "boiled" shirt. Throughout the trial
he has worn a neglige garment of dark
color, and the white linen and bright
colored necktie changed his appearance
greatly. He listened attentively to Dis
trict Attorney Mcdaniel as that gentleman
picked to pieces the argument for the de-
Tense. The courtroom was crowded, the
feminine contingent predominating. Mr..
Mcdaniel resumed his argument when
court opened and talked until O'CLOCK
this afternoon.
After the noon recess it was observed
that two OF the jurors brought in their
overcoats. As the day was warm this was
looked upon as an indication that they
were ready to stay out all night should the
occasion demand.
In closing his argument the District
Attorney told the jury that the prosecution
had proved its case clearly 1t had proved
the intimacy OF the two men, their connec-
ton in other crimes, their proximity in
companion to the scene of this crime, the
description of the smaller of the two rob-
bers, and hao fitted that description to the
defendant; it had shown the fiimsiness of
the great quarrel at Sheldon Grove, where
Brady asserted he gave his gun to man
who had Just threatened his life; it had
proved the fallacy of the third-man
theory, and had submitted the partial
confession Of this defendant made
to young Silver on the road to
Cottonwood. He asked the jury, in the
name OF the people of the State of Califor-
MIA, in the name of the brave Sheriff who
had lost his life in the performance OF his
| DUTY in the name OF the widow and family
of the murdered officer, and in the name of
all that is good, to do its full duty and
bring in a verdit of conviction.
At the close of the argument the charge
to the jury was given. The jurors were
given three blank forms of verdict-one
for murder in the first degree, one for muir
der in the first degree with sentence OF life
imprisonment and one for acquittal. 1t
was 4:05 o'clock when they went out.
Brady heaved a great sigh as they passed
through The door and followed them with
his eyes. During the first twenty minutes
of their absence his face was deadly pale.
Then he began to brighten, and by the
time 4 AS O'Clock was reached he was
laughing and chatting with those around
him. AS he was locked up in his cell
few minutes later he said:
"Well, suppose l can stand it as we'll
as any one"
About o'clock several of the iurymen
sent for their overcoats and the inforrna-
ton was carried to them that they would
be given until 10 o'clock to arrive at a ver-
dict. At that time they would be locked
up. At 10 o'clock the court gave them two
hours longer before locking them up for
the night.
AT 10:30 the light inthe jury-room went
out and the loud argument that had been
going on ceased. 1t was supposed they
had gone to sleep, but the light was again
turned on and the argument resumed at
11:15. AT midnight all hope of verdict
being reached tonight was given up.