Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-03-21
TWENfY-FOUR HOURS TO DELIBERATE
How the Announcement Was Re-
ceived in Court.
TALKS WITH THE JURORS

The case was given to the jury yesterday
morning at 11:4Q o'clock, SO that the twelve
men wrestled with the question Of Milli-
ken's guilt or innocence for more than
tv enty-four hours. 1t was understood that
at a late hour yesterday they stood nine to
three for acquittal, with little chance Of
reaching verdict.
In the evening Judge Cole, who had left
the court to go home to dinner, telephoned
Down to know whether the jury were ready
to come in. Being informed that they were
not, they were ordered to be locked up for
the night. They had been furnished with
an excellent dinner, sent in from 9TH
street restaurant, and cots were made up
for them in big room on the second floor
Of the court house. Two of the baihTs
were in charge of them all night, and no
one was allowed even to enter the corridor
In which the room is situated
At 10 o'clock this morning Crier Joyce
opened court, and, with a new jury in the
box. Judge Cole went on with the trial Of
colored 10y for the second offsnse OF lar
ceny. The court room was we'll filled with
Milliken's friends and a number of nlem-
bers Of the bar, VINO had followed the evil
oence and the lawyers speeches with the
greatest interest They sat through the
minor trial waiting for the verdict in which
ell were so much interested.
The Defendants Desire.
The defendant spent the morning in the
adjoining witness room reading the pa
pers or discussing the situation with his
brother, Judge W. A. Milliken, and Mr..
Anthony. one of his counsel He spent
last night in the District Jail, where he
was taken by Deputy Marshal Kirby last
evening at late hour, when it was un-
derstood that there was no likelihood of a
verdict being reached. He was as cool and
collected this morning as a man could we'll
be under such circums tanceS, and did not
seem to be at all alarmed over the outlook
He expressed himself as satisfied that the
result would be either an acQuittal or
disagreement, though he said he hoped tho
as he did not want the matter left un-
decided. To q Star reporter he said If he
were acquitted he would not leave the
city, but would resume his duties as clerk
Of the joint commission on the Ford's
Theater disaster claims.
Shortly after court opened this morning
the judge sent a message to the jury that
he was ready to hear from them if they
had reached an agreement This brought
forth no answer, and it began to look as
though the jury would be locked up over
Sunday.
The Jury Summoned.
At 11:4O, just twenty-four hours after
they went out, Judge Cole sent for them
to come into court.
Gentlemen of the jury said he, as they
red up in front Of him, have you agreed
upon a verdict?'
1--WE have not" replied the foreman. Mr..
Orlando Smith.
Il do not wish to inquire as to your rela-
tive positions on this matter. but 1 would
like to know whether there Is any like
hhood of your agreeing"
Il do not think there is.''
Judge Ccle then told them that it was
very desirable that they should reach YER
dict, nor did he think they should have very
much difficulty in doirg SO. 1t was simply
a question Of facts, and he believed that If
they went at it again they would meet with
better success. They were sent back to the
jury room.
While they were out Judge Cole received
a message that the wife Of one of the jurors
was very sick. and the presence Of her hus-
band by her bedside was needed. Judge
Cole was just about to seEd for the jury
in order to discharge them when word came
down that they were ready to report.
A Verdict of Not Guilty.
When they came IN this time they had
their coats and hats with them, so it was
evident that they had reached verdict. A
cheer from the jury room a few minutes be-
fore had given the intimation and the court
was crowded. When Judge Cole asked
whether their efforts had been successful,
Foreman Smith announced in a clear voice
that they found the defendant not guilty.
The crowd in the court room at once
broke into applause, which was instantly
repressed by the bailiffs The judge said
that If any Of them could identify any Of
the offenders he would see that justice was
meted out.
when a man comes into a court room, I"
he said, sternly, land has no more sense of
decency and of the respect that is due the
place and time than to cheer or applaud,
he ought to be punished by being sent to
Jail for not less than thirty days.
Mi1liSo1'S face flushed and hf. show
ed more signs of feeling than he did at any
time during the trial. His brother put his
arm affectionately on his shoulder and then
shook him warmly by the hand. A number
gratulations to him.
Lawyer Anthony 1cse and asked permits
sion Of the court to express his clients graf
itude to the jury.
THAT is not necessary, Mr.. Anthony nor
seemly. They have not done any more
than. their duty, and neither juryman nor
any other man needs to be thanked for do
Milliken was then discharged from Gus
tcdy, and this remarkable case became q
thing Of the past.
How the Votes Stood.
AS announced in The Star yesterday, the
jury stood from the first zine for not
guilty and three for guilty. That vote was
reached few minutes after they retired
at 11:40 yesterday morning, and, despite
every argument OF their associates, the
three men composing the minority remained
steadfast to their convictions until the jury
was sent for today. just twenty-four hours
after they had first retired. "And," re-
marked Juror Chas. ]. Jones. the colored
member of the jury. to q Star reporter,
I'VE would be there yet IL it hadn't been
for what Judge Colo told us when he
brought us into court this morning. But
when heard what he had to say about
us trying to agree If we possibly could, /
felt that might eonscientiously agree
with the majority, and as Mr.. Harper and
Mr.. Lyons. the two yith me. thought the
same way. we agreed on q verdict Of not
guilty in q minute of two after reaching
our room"
Foreman Smith admitted that the first
ballot stood nine to three in favor of ac-
quitta1, and remarked that the dozen or &c
ballots taken from time to time during the
twenty-four hours they were In consulta.
tion, 80 resulted. The Jurors were not .
little surprised to learn that The Star was
yesterday enabled to correctly report theil
precise standing. and couldn't understand
how the news was obtained. They were
also greatly amused whom told Of the va