The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-01-17
SINGULAR COURT SCENE.
Conflict Between a Judge and
Twelve Jurymen.
REFUSED TO OBEY THE COURT

In Suit Tor Damages Against Railroad
Company the Judge Ordered Nom
suit and the Jurymen Entered vigor-
Gus Protest.
CHICAGO, Jan. 17.-Never has United
States court in Chicago been the witness
of such a scene as occurred in Judge Sea
mans court yesterday. An entire jury
rebelled against the order Of the Judge, and
though eleven of the jurors afterwards
submitted to the directions of the court,
! one juror, julius Clayton, refused even
under protest, to obey the court. With a
long Imprisonment staring him in the face
for contempt of court he was firm, and at
the close of the day scored virtual victory
over the judge.
Juror Clayton was sitting on the dam
age suit of Marie Cahill against the Chi
cago, Milwaukee and st. Paul railroad
which began on Monday, Jan. 8. Miss
Cahill used the crossing at Forty second
street and Packers alley to reach her
place of employment. On the morning OF
Nov. 20, 1898, she was struck by switch
ing engine of the defendant road. She was
dragged under the engine, one foot being
severed The crew of the train saw the
accident, and the engine came to stop.
| The brakeman of the train, believing that
the engine could be backed off the young
woman, signalled the engineer. In back
ing away the wheels again caught the girl,
| and the other foot was severed and one
leg and shoulder broken. In the evi-
dence before the court the brakeman and
the engineer admitted the facts as stated.
The attorney representing the road made
a motion, after all the evidence was in,
that a nonsuit be entered on the ground
that there was no responsibility attached
| to the road; that the action of the switch
engine crew was not wanton nor wilful.
| The jury was requested to retire, and the
motion was argued. Judge Seaman said
he would grant the motion, and ordered a
nonsuit.
After hot wrangle between the attor-
neys Judge Seaman delivered his charge
to the jury. He had, he said, nothing but
sympathy for the woman, but under the
circumstances there was nothing for the
jury to do but to render verdict for the
defendants. "This," he continued must
be your verdict. So say you all9'' address
ing the jury.
Not a man of the twelve moved MOI
| made a motion of assent. On the faces OF
| OlC JuAOlo W do bCOb a hOSSOu uCbCllhllltb
| tion.
Juror Clayton rose, and in a quivering
voice said to the court:
Judge, those are not my sentiments.
| cannot agree to render such verdict"
The other jurors followed Clayton's ex
ample. Judge Seaman's face flushed q
deep crimson and then, one after another
nearly every juror made similar state
ment.
Judge Seaman explained to the jury
that they were not judges of law, and thai
the responsibility of the verdict was OF
him alone. Finally all the jurors excep
Clayton agreed to render the verdict or
dered by the court. The matter was argued
at length by the judge and juror, eacl
maintaining his position in a vigorous
but manly and dignified manner.
The case was finally dismissed on th
stipulation that the order of dismissa
should be equivalent to the rendering Of {
verdict by the jury upon order of the cour
and under the protest of the jury, Tn
jury was anxious to render verdict o
S24, 900 for the woman.