The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-07
THE JURY IS DISCHARGED.
No Verdict Was Reached, as
the Minority Refused to
Give In.
THE STRIKERS ARE JUBILANT.
They Won the Day and Now Hope
to Be Dismissed From
Custody.

The trial of John Mayne and John Cas-
sidy on charge of delaying the United
States mail and interfering with inter-
state commerce came to an end in the
United States District Court yesterday.
The jurors failed to agree and Judge Nor
row discharged them. When they ap-
pealed to the court last Friday they stood
ten for conviction and two for acquittal.
When they returned to the jury-room
they took up the two counts of the in
dictment and balloted on them separately
On the charge of delaying the United
States mail the vote was: For conviction
Stout. Bertz, Lyon, Diggins, Spencer,
| Balloon, Wyman, Pryor and Gillon. For
| acquittal-Gordon, Bourne and Well
| lington.
On the charge of interfering with inter-
state commerce the vote was: For con-
viction-Stout, Bertz, Gordon, Lyon,
Diggins, Spencer, Balloon, Wyman, Pryor
and GiIlon. For acquittal - Yelling
ton and Bourne. After receiving further
instructions from Judge Morrow last
Thursday night the jurors took ballot
and the result was eight for conviction
and four for acquittal. Afterward it mar
NAMED at that until Friday night, when
they began balloting on the different
counts in the indictment.
About IL o'clock yesterday the jurors
sent another petition to Judge Morrow.
They said the balloting had been kept long
into the night and resumed again yester-
day morning without varying the result.
They stated positively that they were I'M
able to agree, and, as they had been kept
ninety-six consecutive hours from their
wives and families and business they con-
sidered their duty done. If there was
possibility of an agreement they would
willingly sacrifice more time, but there was
not.
Judge Morrow asked if his instructions
of Friday had been followed and he was
told that they had, but it made no differ
ence in the result. The court Intercepted
| them further, and then being satisfied that
there was no chance of an agreement dis
charged them. In doing so his Honor
| thanked them for the patience and care
they had given to the trial.
The Jurors lost no time getting to their
homes as soon as they were discharged.
After trial that extended over five
months and four days and nights in
! jury-room they were wearied out, and the
words striker and "jury-box" were OBJ
noxious to them. AS a result none of
them were anxious to talk about their ex-
|
Friday nights they spent in the California
Hotel, so that there were only two nights
| which they spent IN the jury-room and
| made their beds on the softest planks they
could find.
| During the early part of their delibera-
tions the jury did nothing but discuss the
merits and dement's of the ease and take
| ballots. When the entire evidence as they
remem bered it had been thrashed over and
the conclusion was reached that an agree
ment was impossible the jurors began to
! find time hanging heavy on their hands.
| They discussed the constitution of the
country and argued the question of munich
pal reform pro and con-. After short
| time spent In that way the balIoting was
resumed, but invariably with the same
result.
| A happy thought struck one of the
| Jurors. They would retry the strikers
with Judge and jury and see if in that
way any new light could be thrown on the
matter. One of the number was chosen
Judge, another represented the District
| Attorney and third was counsel for the
defense. This left six men to act as jurors
and three for witnesses. The case was
gone into as fully as the circumstances
| would permit. but generally the jury stood
| five for conviction and one for acquittal
In this way every possible means of arriv-
| ing at verdict was tried, and when they
| all 1d11SQ III was no WONueT Tie luTOrS dp-
pealed TO the court to be discharged
81 hope it will be my last experience as
Juror in the Federal courts" said one of
| the unfortunate twelve yesterday. I'VE
| tried by all the means in our power to ar
rive at verdict and failed. We did not
ask to be discharged until we had been out
ffty-seven hours. So you can see we fully
upon US. We fully appreciated Judge
| Morrow's kindness and courtesy, and not
one of us grumbled when ordered back into
the jury-room yesterday. We all felt it
was hopeless task set us, but we made
another attempt at. securing verdict and
| failed.
'During our trial by jury of the issue
| everything was carried out as in court, and
| it was wonderful what mass of the actual
| testimony we were able to put in. Our
| Judge followed Judge Morrow's lines, and
| made very able charge. 1t was all of no
avail, however, and we were no nearer a
verdict than when we had only been out
| twelve hours. 1t was long trial, long
charge and a long, long time to be out
| considering verdict"
Whether the two defendants will be tried
| again is point not yet decided. This trial
| has cost the Government an enormous sum
| of money, and it is doubtful whether an
other jury will be asked to try the men
again Should the cases be dismissed,
then the charges against all the other
| strikers will be nolle prosecuted.
| Mrs. f. F. Wellington, wife of John
| Wellington, who was one of the twelve
good men and true chosen to try the strik-
ers, said yesterday that she had no idea as
to how her husband stood in regard to the
rendering of verdict in the case; that Mr..
Wellington had never expressed an opin-
| ion touching the case, nor had he given any
intimaticn touching the same IN her pres
L