The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-17
REVOLT OF JURORS
THEY ALL AT FIRST REFUSED TO
OBEY A CHICAGO JUDGE.
Finally eleven Backed Down, but the
Twelfth Held Out-RemarkabIe
Scene In Court.

CHICAGO, Jan. has a United
States Court in Chicago been the witness
of such a scene as occurred in Judge Sea-
mans court to-day. An entire jury re-
belled against the order of the Judge, and.
although eleven OF the jurors afterwards
submitted to the direction of the court, one
juror, julius Clayton. refused. even under
protest, to obey the court. With a long i'm
prisonment staring him 3n the face for con-
tempt of court, he was firm, and at the
close of the day scored a virtual victory
over the Judge.
Juror Clayton was sitting on the damage
suit of Marie Cahill against the Chicago,
Milwaukee & ST. Paul railroad, which be-
gan Monday. Jan. s. Miss Cahill used the
crossing at Eighty-second street and Pack
er's alley to reach her place of employment.
On the morning of Nov. %, 1893. she was
struck by a switching engine by the de-
PENDANT road. She was dragged under the
wheels and her left foot was severed from
the leg. The crew of the train saw the
accident. The engine came to a stop. The
brakeman cut out the train, and, believing
that the engine could be backed out from
over the young woman, signalled the engi-
neer. In backing AVA from the place. the
wheels again caught the girl and her other
der broken.
liz iACAlt DcIOIe liz COuIl tue
brakeman and engineer admitted the facts
as stated. The attorneys representing the
road made a motion after all the evidence
was IN. that a non suit be entered on the
ground that there was no responsibility at
tacned to the road; the action of the switch
engine crew was not wanton or willful and
tnat the plaintiff was a trespasser. The
jury was requested to retire and the motion
was argued. Judge Seaman said he would
grant the motion and order a non-suit. After
a hot wrangle between the attorneys, Judge
Seaman delivered his charge to the jury.
He had, he said, nothing but sympathy for
the woman, but. under the circumstances
to render a verdict for the defendants.
This" he continued, must be your YER
dict. SO say you all?" addressing the jury.
Not a man of the twelve moved nor made
a motion of assent. On the faces of the
jurors was seen Il logged determination.
Judge clayton arose, and, IN a Quivering
voice. said to the court: Judge, those are
not my sentiments. l cannot agree to rem
der such a verdict Two other jurors fol-
lowed Clayton's example Judge Seaman's
face flushed q deep crimson. And then, one
after another, nearly every juror made a
| similar statement.
! Judge Seaman explained to the jury that
they were not judges Of law, and that the
| responsibility for the verdict was on him
alone. Finally, all the jurors. except Clay
ton, agreed to render the verdict ordered
by the court. The matter was argued at
maintaining his position in a vigorous, but
manly and dignified manner.
The case was finally dismissed on the
stipulation that the order of d SIN ssal should
| be equivalent to the rendering of a verdict
by the jury, on order of the court and under
ious to render a verdict of $4,000 for the
| woman.