New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-20

cry. Hats off" was heard and the jury filed in.
Judge Allison took his place on the bench, and
the accused Sheriff. with Herman Ridder and
Judge-elect MacLean. took seats near Barton 5.
Weeks and George Gordon Battle. of the Dis
trict-Attorney's office. The roll was called and
the jurymen responded to their names.
Have you agreed upon verdict" asked the
Judge.
1T is impossible to do So" replied the fore
man. whereupon the Judge Immediately dis
charged the jury with the customary thanks.
THE FIRST BALLOT.
1t was learned later tn At the jury took ballot
as soon the juryr0om was reached. which
resulted in nine votes for acquittal ard two for
conviction and one blank. On the next ballot the
blank vote was changed to scquittal, making ten
votes TO acquit and two votes 10 convict. There
was no change from then until the last ballot was
taken a few minutes before the jury was dis
charged
The following composed the jury: Richard b.
McCartie Charles A. Schrag. James s. Post John
r Gibson. Max Satz. Frederick II. Dieckmann,
William H. Moeller. Leopold Manc Ignatz Mo-
dry Albert S. Macgregor, Albert Nier and John
]. Brown.
The men who stood out for conviction were
Jurors Nos. 8 and 10. James S. Post and Albert S.
Macgregor.
AR Tamsen when asked what he thought
Of the verdict would say nothing. but Mr..
Ridder said IL was "a shame He said; Il
never would have thought that, after all that
was said any ore could stand for convic-
ton"
There was agreement among the jurors
that the case should not be discussed and
that the proceedings in the juryroom should
not be revealed. but the fact leaked out that
many -.tsumerts were brought TO bear on the
two jurocs but that they could not be won
over 10 the majority
Assistant District-Attorney Battle said that
he did not know whether not Sheriff Tam
sen would be brought TO trial again on the
same charge He said that the matter rested
with the District-Attorney.
The tnal of Sheriff Tamsen has excited much
interest and has held the attention Of the puD-
lie for some weeks. 1t was charged that the
escape Of Killoran. Russell and Allen. the post
Office thieves. made possible by neglect
Of duty on the part Of the Sheriff. During the
trial II was shown that the criminals, although
known as such when they wee delivered at the
jan by the United States authorities. had oppor-
tunties to disguise themselves. and that noted
criminal the father-in-law of one or the three
men was allowed to visit the men frequently.
alone and In company with his daughter ii was
shown that whiskey money ana loaded hrearIhs
were smugged into the jail and delivered 10 the
three men, and that the plans for the jail Ce-
livery which took place July 4. were made and
carried out under the very eyes Of the Sherins
deputies.
JUDGE ALLISON'S CHARGE.
The penalty for the misdemeanor with which
the Sheriff was charged is $500 fine. or imprison-
ment in a pententiary county jail for one
year or less both.
Judge Allison began his charge at IL o'clock.
and talked TO the jury about an hour General
Tracy presented fifty-throe requests to charge
thirty-four Of which the Judge refused Judge
Allison said In part
ITO find this defendant guilty you must And
,hat he omitted some act which prudent man
under the same circumstances would not have
omitted. What you have got TO determine Is
whether this defendant performed his official
duties In regard to the Ludlow Street Jail as
prudent man would under the same circum-
stances III he did not do so, and IL lie omitted
10 do so, did such omission, II any, contribute
or assist in the escape of the prisoners
Judge Allison then said that as SherlH OF
New-York the defendant had the custody or
Ludlow Street Jail which was the proper place
Of confinement for Kiloran, Russell ana Alien
The fury retired at 1910. At 4:35 they came
into court and asked for further instructions
The jury again filed into court at $40 O'Clock
Judge Allison said he understood they had not
agreed He asked them If they thought they
could agree The foreman said they believed
they could Judge Allison said ne wouid nave
them taken to dinner. and they could then con-
slider their verdict
At s o'clock the jury went TO the broadway
Central Hotel for dinner, and returned 10 court
at 7:S5. They had been fasting since morning
and appeared in better humor wheh they re
cd 10 tha