The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-05-15
Agreement Which It Required Twelve
Wayne County Wen -Four Days
and Nights to Make Up.
UNION OF LITERARY CLUBS
INDIANA MEN AND WOMEN OF LET
TIERS AT HUNTINGTON.
jackson County Seat War Now Rag
ing-Murder at NobIcsville. the
First i'm the City's History.
Special to the indianapolis Journal.

Special TO the indianapolis Journal
RICHMOND, Ind. May H.-At l:30
O'Clock this afternoon after being out since
Friday evening. the jury in the Morrison
will ease returned verdict for the plaintiffs.
About 10 o'clock this morning the jury
made known TO Judge Black that they
wished TO communicate with him. They
sent written communication TO the effect
that they could not agree and wished to
be discharged from further duty. The at
torneys on both sides of the case were noti-
fled Immediately to come TO the courthouse,
and they responded promptly. The hurry
ing of number OF attorneys toward the
courthouse had a tendency 10 create the
impression that verdict was TO be rem
dered by the jury, and there was quite
collection Of people i'm the court room when
the attorneys and Judge Black were in their
accustomed places. None of the parties To-
the suit were present when the court or
dered the bailiff TO bring forth the jury.
The twelve men who for four days have
been considering this very important case
came out of their room looking tired and
worn. When they had seated themselves
Judge Black said:
your communication as follows: We. the
jury, find it impossible TO agree on a ver
dict, and all further effort Will be OF no
avail. and therefore, your Honor we ask
10 be discharged This signed by Nelson
Grove, the foreman"
Judge Black, after reading the communi-
cation, said: Gentlemen, / think IL my
duty at this stage of the case TO remind
you of the circumstances of this trial. Ii
has been trial lasting more than four
months 1t has required much expenditure
OF time from many persons. including your
selves. Ii has involved necessarily large
expenditure OF money; a great number or
witnesses have been called before you to
testify. The case has been argued before
you for nearly eight days by the counsel
on both sides and the court has instructed
you upon the law. The court cannot re-
lease you from giving what il may deem to
be reasonably long deiiberation 10 the
case, and l do not think il is my duty to
excuse you from further deliberation. / ad-
wise you 10 give TO your deliberations your
best judgment and TO consider your verdict
ponderance of evidence and according to
the reasonable probability of truth. Your
deliberations should be made without un-
due prejudice or partiality and without pas
sion or levity. so that you may reconcile
your action with your sense OF duty, under
your oath jurors. well and truly try
inc the cause and rendering verdict ac-
cordng 10 the law and the evidence. l do
not mean to criticise the manner OF your
deliberations, of which i have no inforn1a-
ton. but l desire you TO 20 again TO your
deliberations with earnest purpose to
seek to arrive at just and true result OF
the trial"
At the conclusion of these remarks Judge
Black added that he had some additional
instructions to read to the jury, and imme-
didtely began reading.
These Instructions were quite lengthy. and
i'm substance were embraced in the original
charge They, related TO the item which
Elgar Hibberd, one of the defendants. had
failed TO place upon the inventory he had
prepared for Mr. Morrison, and the judges
charge was to the effect that If the jury
ho1i 1icx fh.a facf faf f0 hay
incapable of retaining the omitted items
in his mind at the time he executed the
will the fact should be considered.
When the instructions had been completed
Judge Black ordered the jury taken back to
their room, but before they had left their
chairs all of the attorneys for the defense
were upon their feet. Objections were heard
to come from the attorneys but there was
so much turbulence in the room for few
minutes that what was said at this point
was entirely lost. When the door closed
upon the jury the attorneys for the defense
were Enthusiastically very angry Mr. study,
one of them, asked Judge Black whether
or not he would call back the jury and re-
quest them not 10 consider the instructions
as given until they uhe defense) could have
opportunity to prepare counter-charges
Judge Black said that he could not say
whether additional instructions as made by
the defense could be given until they were
considered by him.
Attorney john r. Robbins said that they
Ghe defense) had not known that any
further instructions were to be given. and
he asked If the plaintiffs had prepared the
document q read by Judge Black
Il have not talked TO living man re-
garang Tn6y ahy % desrs sae to Instruct shs jury
on point which considered they were IN
doubt upon.
Representative Henry L johnson quickly
said: Your Honor. how could you know
upon what point the jury is in doubt any
more than we? What means have you to
i'm the baiiff. and We believe that he Is
Trustworthy.
Judge Black announced that court had ad-
journed, and, without replying 10 the re-
marks of Mr.. Johnson. left the bench.
The attorneys for the defense were not
slow in giving 9tterance 10 ,nelT teei'hg lea IN
Blacks action unjust and unfair. The
points in those INSTRUCTIONS, said one oi
the attorneys. were all from the plaintiffs
evidence. Judge Black did not give any in
structions i'm the last charge which related
to our side of the case
The defense simply filed their exceptions
to the charge and did not prepare addi-
tional instructions.
Al l:SO this afternoon the jury sent word
TO Judge Black that a verdict had been
agreed upon. Court was convened and Judge
Black directed that the jury he brought in.
When they took their places in the box he
Have you agreed upon a verdict?''
Nelson Grove. the foreman, said, We
The bainff took from Mr. Grove paper
and handed IL 10 the judge, who read as
follows:
We. the jury. fifd Tor the plaintlils- =.
There were but few spectators present IN
the ROOM and there was no demonstration
of any sort: only "A silence that was i'm
pressiVe. Attorney study. for the defense.
was the first person TO speak after the read
ing Of the verdict He arose and asked that
tho Jury make answer TO the interrogatories
as presented 10y the defense. They had an
swered the interrogatories as presented by
the plaintiffs and returned them with the
verdict. These were in the nature or ques-
tions regarding the manner I'm which they
"A
was based upon the unsoundnesS OF the
mind OF the testator, James l.. MORRISON,
and they answered the questions relating 9
TO undue influence in the negative. which
showed that this point had not been taken
into consideration.
Ii is stated that the voting up TO the last
ballot stood five for the plaintiffs and seven
for the defense, so that Judge Blacks last
charge settled the question
INDIANA LITERARY CLUBS.