The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-04-11
Will Be another TRIAL
Jury In Dickinson Case Could Not
Come to an Agreement.
DISMISSED BY JUDGE ACHESON
On Account of the Death Of Juror Grecnc's
Wife the Judge Concluded Not TO
Compel Jurors TO Stay To.
gethcr Until They Agreed.

Anna Elizabeth Dickinson's notable
$4,000 treapass suit against DR.. Gideon
Underwood. DR.. John B. Heilman.
George b. Thompson, j. Harry Dryden
and Allan Eggleston, all of West Pitts
ton borough, will have to be tried over
again. The jury could not agree upon
Il verdict and We're discharged at s
o'clock yesterday morning by Judge
Acheson.
The case was watched from the be-
ginning with the most widespread in
terest and attracted attention from all
over the United States. Miss Dickln-
son was certainly the most brilliant
woman that ever figured In either the
high or common courts of this county,
and the fact Of her Incarceration In an
insane asylum at the instance of her
sister Susan Dickinson. gave a roman
tic shading to the case. The defend.
ants We're brought into the suit through
the assistance they lent in having the
plaintiff removed to the asylum.
The trial was begun in this city on
Monday. March %, before Hon. Marcus
W. Acheson, of Plttsburg, Judge of the
United States circuit court. The case
had not ended that week and when It
was resumed on Monday morning,
April |. telegram was received by one
of the jurors, John j. Greene, a mer-
chant of McCrays. Forest county, 10
the effect that his wife was dying, and
with the consent of attorneys on both
sides. the case was adjourned for one
week. 1t was resumed again Monday
of this week, and went to the jury
Tuesday afternoon at sos
why They Were Discharged.
The defendants were ably defended
by Attorneys Major Everett Warren, Of
this city, George s. Ferris. w. !. Hibbs
and j. n. Anderson. of West Pittston.
Ex-Judge A. II. Daley. of the law firm
of Daley, Bell & Crane, of Brooklyn,
n. Y, an attorney of wide and varied
experience of forty years. and Attorney
w. j. Mclean, a prominent member of
the Luzerne bar, represented Miss
Dickinson in her suit. John Power
O'Connor, of the Truth, was selected to
take stenographic notes of the testi-
mony, and United States Commissioners
A. ]. Colborn, jr., acted as custodian of
the court records.
The Jury selected to hear the evidence
and render verdict was: John Q. A.
Boyd. painter West Middleton, Wash
ington county; J. w. Carghill, farmer
Jackson. Susquehanna; Francis Dora
hoe. farmer. Beams Cove, Bedford
John ID. France. hotelkeeper, West
Middleton, Washington; John j. Greene
McCrays, Forest; Erastus Hoffman,
gentleman, Sunbury. Northumberland
W. II. Madden. farmer, Orbisonia,
Huntingdon: NJ. ]. Mcmahon. grocer
Ingram. Allegheny; Henry Neff, miller
Neff's Mills, huntingdon James L.
Ruffner. salesman. Uniontown, Fa-
yette; II. A. Swan, justice of the peace
Coalport, Clearfield lilies Smith, bank
er, Reimersburg, Clarion county.
MIR. Hoffman Was Foreman.
The aforesaid gentlemen retired to
deliberate at sos Tuesday afternoon
and We're guarded by Thomas H.
Kelley, eX-jury Commissioners, who was
bailiff Of the court during the trial
After reaching the jury room they ap-
pointed Erastus Hoffman foreman, and
then took a ballot, which resulted in
eight for verdict for Miss Dickinson
and four for the defendants. The -four
who voted in the negative Were: John
]. Greene, Henry Nen, Francis Dona-
hoe and Foreman Erastus Hoffman.
Mr. Mcmahon undertook the task of
attempting to persuade the four recall
citrant jurors who wanted to favor the
defendants that Miss Dickinson de-
served a large reward, but his silver
tongued eloquence was lost upon them.
Rniliff Kelley was sent for a consgn-
ment of Pittsburg stogies and from
that on until midnight the time was
spent In story telling, debates upon the
income tax, and smoking, Juror
Greene. whose wife had died. sent a
note to Judge Acheson during the night
that the jury could not agree and
at 8 o'clock yesterday morning
they were marched before the judge
and discharged from further considera-
ton of the case.
Court informed the jurors that the
death of Mr.. Greene's wife was taken
into account and for that reason they
would be allowed to go to their homes;
hut If that circumstance had not en-
tered into the case. Judge Acheson in
formed them that he would have kept
them together until they should agree.
Marshall W. A. Walker arrived at 5
o'clock yesterday morning and drew
warrants for the pay of the jurymen.
Mr. Greene left at 9.45 for home.
Attorneys in the Case.
The eight Jurors who favored a ver-
IL. g., Miga Dialxincop lln1 at TN q
wyoming House and wished to see her
before their departure. She was i'll
and they had to be disappointed, but
Judge Daley shook each by the hand
and thanked them for Miss Dickinson.
They wrote their names upon a sheet
of paper with the title friend appended
after each name and sent 1t to her
room. Judge Daley informed Trib-
une reporter that one of the jurymen
said he would vote to give Miss Dick
inson 100000.
In the afternoon Miss Dickinson was
interviewed by q Tribune representa-
tive in her room at the Wyoming She
was not downcast at the status or the
case and felt confident that the next
time the turn of affairs will be in her
favor. She declared that sne never
was a coward In the past and did not
intend to turn one now. The case will
be retired in September. She has two
other suits pending when this one is
finally disposed of one against Dr..
Gideon Underwood, individually, and
one against DR.. James Oglesby, of Dan
willie.
Miss Dickinson intends to lecture In
this city within a week on Joan of
Arc. Referring to the remarks she
made about Major Warren. she said
that the information was volunteered
to her by John M, Harris. Mr.. Harris.
she said, thrust himself upon her made
himself obnoxious and asked the privi-
lege OF sending bouquets to her room.
= \