The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-01-17
SINGULAR COURT SCENE.
Conflict Between a Judge and
Twelve Jurymen. .assss ;e:
REFUSED TO OBEY THE COURT.

In Suit for Damages Against n Railroad
Company the Judge Ordered Nom
suit and the Jurymen Entered vigor-
Gus Protest.
CHICAGO, Jan. 17,-Nevcr has United
States court In Chicago been the witness
OF such scene ns occurred in Judge Sea-
mans oonrt yesterday. An entire jury
rebelled against the order of the Judge, and
though eleven Of the jurors afterwards
submitted 60 the directions of the court,
one juror, Julius Clayton, refused even
under protest, to obey tho court. With
long Imprisonment staring him in tho faco
for contempt of court he was firm, and at
the close of the day scored u virtual victory
over the Judge
Juror Clayton was sitting on the dam
age suit of Marie Cahill against tho Chi
cago, Milwaukee and st. Paul railroad,
which began on Monday, Jan. 8. Miss
Cahill used the crossing at Forty-second
street and Packers alley to reach her
place Of employment. On the morning OF
Nov. 20, 1898, she was struck by switch
ing engine Of the defendant road. She was
dragged under the engine, one foot being
severed. The crew of the train saw the
accident, and the engine came to a stop.
The brakeman of the train, believing that
the engage could be backed off the young
woman, signailed tho engineer In back
Ing away the wheels again caught the girl,
and tho other foot was severed and one
leg and shoulder broken. In the evil
| dence before tho court tho brakeman and
| tho engineer admitted tho facts as stated.
, The attorney representing the road mado
| a motion, after all the evidence was In,
that n nonsuit be entered on the ground
that there was no responsibility attached
! to tho road; that the action Of the switch
| engine crew WAS not wanton nor wilful.
The jury was requested to retro, and the
motion was argued. Judge Seaman said
he would grant the motion, and ordered
nonsuit.
After o hot wrangle between the attor-
neys Judge Seaman delivered his charge
to the jury. He had, he said, nothing but
sympathy for tho woman, but under tho
| circumstances there was nothing for tho
| jury to do but to render u verdict for tho
defendants. "iThis," he continued, must
be your verdict. So say you alp" address
Ing the jury.
| Not u man of the twelve moved nor
made n motion of assent. On the faces of
the jurors was seen dogged determine
tion.
Juror Clayton rose, and in a qulvering
voice said to the court:
"Judgc, those are not my sentiments I
cannot agree to render such verdict"
The other jurors followed Clayton's ex-
ample. Judge Seaman's face flushed q
deep crimson, and then, one after another,
nearly every juror made q similar state
meut
:. Judge Seaman explained to the Jury
that they were not judges of law, and that
the responsibility of tho verdict was on
him alone. Finally all the jurors except
Clayton agreed to render the verdict or
dered by the court. The matter was argued
at length by the judge and juror, each
maintaining his position in vigorous
but manly and dignifed manner.
The case was. finally dismissed on the
stipulation that the order Of dismissal
should be equivalent to the rendering Of o
verdict by the jury upon order of the court
and under the protest of the jury. The
jury was anxious to render verdict Of
81, 900 for the woman.