New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-12
ONLY TWO FOR ACQUITTAL
TEN JURORS WERE FOR CONNECTING IN.
sPECTOR MLAUGHLIN
THE TRIAL ENDS IN A FrAsco-AN ,ExTRAoR-
DINARY STATEMENT FROM THE JURY IN THE
NoRNINo-JUsrIcE BARRETT WARNED
BURBRIDoE AND STEIN AGAINST
BEING sTUBBoRN-A NEW TRIAL

MoRNIN0-JUsT1cE BARRETT WARNED
BURBRrDGE AND STEIN AGAINST
BEING sTUBBoRN-A NEW TRIAL
SET DOWN FOR MAY 20.
The trial Of Police Inspector Mclaughlin ended
In dismal and discouraging failure yesterday,
when the jury disagreed. standing ten for convic-
ton and two for acquttal. Perhaps there will be
few intelligent citizens who will feel surprised at
the result. which must be regarded as mscar-
iiage OF justice and another proof Of the weak
ness OF the present system OF trial by jury. In
some respects the attitude Of the two jurymen
who were determined to Inspector Nc
Laughlin from conviction had suspicious look,
Of them had been accused by the other
jurors Of stubborny refusing to discuss the testi-
mony which they thought was sufficient to war
rant a verdict Of guilty" and the other jury
man Is a relative of man who had been men,
toned as a friend Of the accused Inspector. and
had been seen talking with him in the court
room.
The result Of the trial may be regarded with
more suspicion in view of the extremely short
time spent in taking testimony compared with
the time spent ir selecting the jury. Several
weeks were occupied In the examination Of tales
men before twelve me were sworn, and then
two of the men who had been thus sworn were
rejected and other were selected TO f their
places. The proceedings resembed fencing
match. Counsel for the prosecution were sup
posed to be determined to thwart any attempts
to fix" the jury, and the counsel for the defence
supposed to be fighting to get some man
into the jury box who could be depended on to
stand out against the conviction Of the Inspector
no matter how strong the evidence for the people
might be- When at length the trial proceeded
with full jury box the taking of testimony for
the prosecution occupied only one day, and there
was only one witness for the defence.
The cost Of the trial IS enormous. but there
will be another trial almost Immediately. Dis
trict-Attorney Fellows gave notice that he
wished to proceed with another trial OF In
spector Mclaughlin before the close Of the pres
ent month. and the day for beginning it was set
down for May 20.
THE JURY'S EXTRAORDINARY STATE
MENT."
The jury came into court yesterday at 1922
a. M. and the foreman. Philip Schneider
handed a statement tc Justice Barrett Justice
Barrett said 1t was an extraordinary statement
II find" he said that ten Of your number
have agreed on a verdict and two have refused
to agree with the others l find also that one OF
your number has absolutely refused to consider
the testimony OF the unimpeached Witnesses
James Burbridge was the juror who refused to
consider the testimony. Charles A. Stein was
the other. IL IL said. who stood out for acouitta
THE refusal the part OF a Juror. added
Justice Barrett. ito enter into any discussion
with his fellow-jurors Is a distinct violation OF
the law. and want to tell you. Mr.. Burbridge
that you are liable to punishment - --~-
B II have discussed the testimony" said Bur-
r told ftof IF 7 nOt
they told me States prison stared me in the
face" Justice Barrett replied: This communi-
cation is signed by ten of the jury. and 1t Is
question of veracity between you and them"
Burbridge rose again and protested exctedly
that he had discussed the testimony
Justice Barrett then spoke to the Juror. Stein.
who wanted to know what constituted a rea-
sona Bile doubt II wish to ask Your Honor" he
said. this question: II compare Schlesinger's
and Seagrist's testimony and doubt Seagrist's,
doesn't that constitute reasonable doubtT'
Justice Barrett looked severely at Stein and
said. Yes"
TEN TO TWO FCP CONVICTION.
He then defined the term reasonable doubt
again Stein then asked to have Seagrists testi-
mony read. and the stenographer proceeded to do
So Before the testimony read. Stein said to
the Court that on the first ballot the voting was
nine TO three for conviction. Then Justice Barrett
told the fury that they should endeavor to recon-
ciIe the testimony of Sea grst and Schlesinger. He
went over their evidence again. and practically re-
reated his charge Of the day before. Several ques-
tions we're put to him by the jury. One OF them
was Should the jury give more credit to the
testimony OF Leo Schlesinger than to that OF any
other witness?'
"A Juror" said Justice Barrett. SHOULD not ac-
cept the testimony Of any individual In preference
to that Of other witnesses without fully consider
ing all the testimony" He then admonished
them to go back to their room and patiently dis
cuss the evidence. Now, gentlemen said he'
II shall ask you to try again to agree on Ver-
dict say to you In the kindest but firmest spirit
let me hear no more OF the refusals to discuss the
case Go back TO your room and fully discuss the
case Discuss 1t patiently and earnestly. Let
each one give his views and II the views OF the
others are conclusive do not permit mere obsti-
macy TO prevent your rendering a just verdict
Discuss all the evidence in a fair and just spirit
and try to agree on a verdict. Now. gentlemen
with this advice you will retire to your room.
The Jury thereupon went out again at 100 p M.
Inspector Mclaughlin came to court at lllo
o'clock He was accompanied by Deputy-snerln
EllIngworth who was with him all night Inc
Inspector looked cheerful and did not seem o't
worried. EIlingworth said Mclaughlin spent the
night at the Tombs .o,
Austen G. Fox was tie only one OF the couhsei
for the People present. He was smiling all over;
and II appearances went for anything ne iooKea
confident OF victory.
Inspector Mclaughlin when asked II ne spent
the night at the Tombs would not say anytnins'
~ have said nothing to reporters" SAID ne
"since the trial. and won't begin now IL tne
Deputy sheriff said was In the Tombs. ne ought
to know" r,,,, Ala
not spend the night there. but the Deputy-sherin
savs ne left him there under regular court
commitment at 8 o'clock In the morning
Five minutes before p. m. Justice barret. re-
turned to the courtroom. and took his seal upon
the bench This caused a rush. and IN a rev
seconds every seat ir the room was filled. and
the doors locked Eight minutes later the Jury
flled into the room. They took their seats nsa anu
the clerk Welsh called the names Inc room
was as silent as a serulchre
RENDERING THE VERDICT.
Gentlemen Of the Jury. have you arrived AZ
yerdict?" asked Mr.. Welsh.