St. Paul daily globe., 1895-01-17
THE JURY REBELLED.
UNPARALLEAED SCENE IN A
CHICAGO COUNT
Caused by Judge Seaman's In
struc,ions - One Juryman
Wouldn't Be Cowed.

CHICAGO. Jan. 16. = Never has a
witness of such scene as occurred in
Judge Seaman's court today. An entire
jury re5elled 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 the
court. With long gimprisonment star
ing him in the face for contempt of
court, he was firm, and at the close Of
the day scored virtual victory
over the judge. Juror Clay
ton was sitting on the damage
suit of Mary Cahill against the Chicago,
Milwaukee & st. Paul railroad, which
began Monday. Jan. 8. Miss Cahill
used the crossing at Forty-seeOnd street
and Packers alley to reach her place of
employment. On the morning of Nov.
25, 1888, she was struck bya a switching
engine Of the defendant road. She was
dragged under the wheels and her left
foot was severed from the leg. The
crew of the train saw the accident. The
engine came to a stop. The brakeman
cut out the train. and, believing that
the engine could be backed out from
over the young woman, slgnaled the
engineer. in backing away from the
place the wheels again caught the girl
and her other foot was severed and one
leg and shoulder broken. In the evil
dence before the court the brakeman
and engineer admitted the facts as
stated. The attorney representing the
road made motion after all the evil
dence was in that non-suit be entered
on the ground that there was no respon-
sibility attached to the road; that the
action of the switch engine crew was
not wanton or willful, and that the plain
tiff was trespasser.
The jury was was requested to re-
tire, and the motion was ar
gued. Judge Seaman said he would
grant the motion and order a nonsuit.
After hot wrangle between the at
torneyS Judge Seaman delivered his
charge to the jury. He had. he said,
nothing but sympathy for the woman,
but. under the circumstances. there was
nothing for the jury to do but to render
a verdict Tor the defendant.
MS, IlS cOutluueu, HluSt ue HOut
verdict. So say you ali," addressing
the jury, not man of the twelve moved,
nor made motion Of assent. On the
faces of the jurors was seen a. dogged
determination. Juror Clayton arose,
and in a quivering voice said to the
court, Judge, those are not my senti>
ments. cannot agree to render such
a verdict" Two otqer Jurors followed
Clayton;s example.
Judge Seaman's face flushed a deep
crimson. And then. one after another,
nearly every Juror made similar state-
ment. Judge Seaman explained to the
jury that they were not judges of. law
and that the responsibility for the ver-
dict was OH him alone. Finally all the
jurors except Clayton agreed to render
the verdict ordered by the court. The
matter was argued at length by the
judge and juror, each maintaining his
position in vigorous but manly aud
diguified manner.
The case was finally dismissed on the
stipulation that the order of dismissal
should be equivalent to the rendering of
a verdict by the jury upon order of
the court and under the protest Of the
jury. The jury WAS anxious to render
q verdict of S2i GOO for the woman.