The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-06

turning to the jury room, and after an interval
occupied in full discussion of the former
points controverted, ballot was taken early
Wednesday evening and the result then OBJ
tanned has remained unchanged, notwithstand-
ing many repeated ballotings and much earnest
debate.
requests to be discharged from further consid-
GRAFTON of the case. We beg your Honor to be-
leve that we have not arrived at this stage
from any want of care or thought for the
solemn responsibilities laid upon us. If we
had even the slightest hope that any change
in our balloting could be made by longer re-
citizens and taxpayers we feel it TO be our
duty TO call your Honor's attention to the po-
sltion we have reached and TO grant us our
discharge, so that all further expense to the
Government on our behalf may cease.
We also take this method OF conveying TO
your Honor our respect and gratitude for the
unwearied kindness and courtesy which you
have extended to us; for the patient, clear and
impartial manner in which you have in
structed US and with which you have tried
this case, and'nothing but profound eonvic-
ton OF our inability to agree could move us TO
present this prayer and 1t is duly because OF
this profound conviction that we present this
petition. Respectfully submitted,
George II. Stout Goreman), B. F. Wellington
(secretary), J. BertZ, G. p. Gordon, L. A. Lyon,
]. C. Diggins, j. B. Spencer, r. A Bourne, Seth
P. Balloon, ]. B. Wyman, A. E. Pryor, James
Gillon.
After receiving the letter Judge Morrow
called the jurors into court, and address,
ing them, said: II have received your
petition in which you say it is impossible
for you to agree. l am aware that you
have given the case great deal of careful
consideration, and / know therefore that
you are familiar with the evidence pre-
sented to you. But there is peculiar duty
devolving upon you. That duty necessi-
tates your exhausting every means
to reach verdict and to uphold the laws
of the country. If there is any point on
which you are in doubt will answer any
question for you. But / will refuse to let
you off at this time.
You Will recollect that at each adjourn
ment until the case was finally submitted
you were admonished not to talk about
the case and to keep yourselves impartial
to the end. The case has been very fully
submitted to you and the court has been
reasonably careful in stating the law. The
court presumes that you will act without
prejudice and in view of the facts before
/ must determine that the truth can be
arrived at and verdict obtained. can
not therefore discharge you, because /
cannot imagine that you have thoroughly
examined all the evidence in the light of
the instructions given by the court.
know you think you have exhausted every
remember your sacred and solemn duty
think the whim or caprice of an individual
will be overcome and you will administer
the law of the land"
Juror Wellington-Can we bring in a YER
dict that does not embrace conspiracy?
The court-Not under this Indictment.
A number of other questions were asked
by the jurors and answered by Judge Nor
row. In response to a request he read a
considerable portion of the evidence to the
jurors, and they then retired to take up
the weary task of balloting again. At 8
P. NJ. they were taken to the California
Hotel where they spent the night. If no
verdict is found to-day the chances are
that the jury will be discharged.
1t is generally understood that the Jury
stands ten for conviction and two for
acquittal. Those who are for acquittal are
said to be r. A. Bourne and B. T. We'll
lington. The formers workmen openly
assert that their ''boss" will stay out four
weeks if necessary rather than convict.
Wellington has been spoken of in the same
and his wife evidently knew he
would vote tor acquittal. She was around
the court yesterday asking when the jury
would be discharged. When told that
they were locked up for the night she was
very much disappointed.
"How does the jury standP" she asked,
and she was told that it was generally be-
lieved that they stood ten for conviction
and two for acquittal. She broke out,
''Isn't my husband for acquittal?" When
told that he was supposed to belong to the
NJ, irori+y chic Iauohed and want a mav