Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-27
STOCK / BROKiNG CASE
Jury Having Trouble in Deciding the
~ Matter
Legality W Certain Line Of business
TransnctfoDs mt Issue-Jury
lt Sent Back.

Arguments to the jury occupied the great.
er portion of, the session today In Criminal
Court No. 2 in the case Of Daniel H. Ferry
the alleged broker, charged with setting ur
gaming table. Mr.. Bfrney and Mr.. Las
key. for the government, and MIR. Tucker
and Mr.. Davis for the defense, all spoke al
length.
At the request Of the defense Judge Cox
Instructed the jury that the transactions
in evidence are priIna facfe valid and legal
contracts, and to justify verdict OF guilty
they must find beyond a reasonable doubt
that at the time they were entered into
the defendant intended that they should
be fictitious, and that the burden of proving
such an intent on the part OF the DEFENDANT
Is upon the government
Also that the burden is upon the govern
ment to prove that the defendant ala not
intend to fulfill all contracts entered into
by him, and that before@the jury can find
that the transaction is a wager the intent
OF both parties that 1t be such must be
proven. Further, that the burden Is upon
the government to show that the defendant
was not engaged in legitimate speculation.
and that the law does not presume in the
absence Of proof that the defendant was
engaged in gambling.
Judge Cox refused to grant prayer of
the defense that the jury be instructed
that upon the whole evidence their verdict
must be not guilty. The court also de-
clined to instruct that Ferry has the right
to buy or sell stocks, although the same
may not be in his possession at the making
of a contract to buy or sell.
Government Prayers.
The district attorney submitted the fol-
lowing prayers, which were granted:
If the jury find from the evidence that
Ferry conducted business ostensibly as a
broker in stock, but it was not intended that
stocks should be really bought or sold, but
only that parties should stake money upon
the prospective rise and fall of the stocks,
he should be found guilty. Also, if it was
understood between Ferry and his customers
that their transactions should be closed by
the payment, by one to the other, of only
the difference between the contract prices
and the market prices of the commodities a
verdict of guilty should be found
Further. in determining whether the de-
PENDANT and the parties vino dealt with him
upon margins really intended to buy and
sell stocks. or only to gamble upon the rise
and fall of the same, and settle by paying
the differences, the jury are not to be con-
trolled or bound by the form of the con-
tracts. but may consider all the surround
ing circumstances as wei, and from all the
evidence determine the real intention of the
parties.
The jury retired to consider the case
shortly before l o'clock.
Failed to Agree.
At $50 o'clock the jury filed into court
and the foreman reported that they could
not agree. Judge Cox stated that he did
not desire to- lock the panel up over
THANKSGIVING, and then asked the jurors
individually whether or not they thought
they could. reach a decision by further
consultation. Some replied in the affirm
alive and some in the negative. and the
jury was then sent back to deliberate hall
an hour longer.
Jury Discharged.
The jury failed to agree and were dis
charged shortly after 5 o'clock.