Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-23
A VERDICT IMPROBABLE
Eowgato Jury Again Reports Disagree
ment Today.
The Twelve Men Still Held, However,
RumOrs to the Ballots
Taken.

In reply to the inquiry Of Judge McComaS
Foreman Cissel of the Howgate jury sent
down word this morning that not only had
an agreement not been reached, but that
an agreement was an utter impossibihty.
There quite a large attendance in
the court room when at 10:30 this morning
Judge McComas aScended the bench, and
directed Crier Grouse to ask Foreman Cls
sci whether the jury had agreed upon a
verdict. Mr.. Grouse returned in few
minutes bringing the judge note from
the foreman Of the jury. Judge McComas
did not communicate the full contents of
the note, but stated to the district attor-
ley and counsel for the defense that Fore
man Cissel had sent word that the jury had
not agreed, and that an agreement was an
utter impossibility. Word then sent
to the jury by the court that they should
continue their efforts to reach verdict.
The Jury Held:
This message of Judge McComas, Crier
Grouse stated, was received by the jury
with some disappointment. and, on yes
terday, they intimated that they would
like to be discharged. The judge replied.
however, that he could not help them, and
they should continue their deliberations.
A request from the jury for PERMISSION TO
send for clean clothing was granted, the
marshal being directed by the court to
carefully examine, all clothing received by
the jury, that no message might be sent
them from the outside world.
Judge McComas also Informed the jury
that while the court would take recess
until o'clock this afternoon he would re-
turn earlier upon being notified that YER
dict had been reached. To the counsel in
the case Judge McComas explained that in
the event of no agreement being reached
by O'Clock further recess would be
taken then until 10 o'clock this evening,
when, in the event of a continued disa-
greement, a recess would then be taken
until IL o'clock tomorrow morning.
AS stated in yesterdays Star, 1t can
safely be stated that Judge McComas will
hold the jury until Monday at least in the
event of a continued disagreement In
deed it is not at all unlikely that he will
than Monday. unless they sooner reach a
conclusion. The prevailing impression
about the court house is however, that
agreement will ever be reached by the jury.
In support of this belief, it stated to-
day on the best of authority that a vote
taken at O'Clock last evening and
taken this morning disclosed the fact that
there had not been change of opinion
since the first vote was taken by the jury
Immediately after they retired Thursday
afternoon, each man voting last evening
ard this morning as he did then.
Humors of the .lury's Standing.
While of course, nothing definite nor Of
ticial as to how they stand has been given
out by the jury, the impression prevails
today that a majority of them are in favor
OF verdict oil guilty. Yesterday the pre-
vailing belief was that majority OF the
jury favored an acauittal. Those who be-
EeVe that "a majority are adverse to the
defendant base their belief on what they
state is the earnest desire OF District At
torney Brney that the jury shall not be
too hastily discharged. The government,
these people say, always very apt to
possess definite Information to just now
a hung jury stands, and they argue that
the district attorney would not insist upon
the jury beng long confined, where a
jority favored the defendant. However
that may be, Judge McConlas, who enjoys
the reputation of being TAR from hasty IN
u.sIharsing Juries, feels that both IN JUS
tce to the government and to the defend
ant conclusion one way or the other
should be reached by the jury, il a con-
clusion is any way possible-especially III
the present case, where both sides have
expended much labor and money in pre-
pairing for and conducting the trial.
OF course, should the jury agree tomor-
row the verdict would be received, despite
the published statements that a verdict
could not be returned on legal holiday
on Sunday. There is nothing in the law
of the District to prevent, and no agree
ment between court and counsei is neces-
sary. Indeed, verdicts have more than
once been received here on such days.
Should verdict .be rendered tomorrow it
would simply be recorded as of today.
Although he has declined at all times
to say one way or the other, it is under
stood that District Attorney Rirney would
again try Capt. Howgate in the event of
disagreement or of a verdict of not
guilty in the present case. Should the de-
fendant be convicted, it is understood that
the remaining eight indictments would be
held in allegiance, the penalty on the two
indictments at issue being sufficient to
send the defendant to the pententiary for
practically the rest of his life; that is,
from ten to twenty years.