The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-04

Seven for conviction and one for ac-
quittal is the way the jury in the Hay
ken bribery case stood when they
were discharged by Judge Hiles yes
terday morning on their declaration
that after being out twenty-five hours
there was no possibility of their agree
ing or a verdict.
The court, the defendant. the at
torneys on both sides and few spec
tators assembled in the court room at
10 o'clock in the morning. No message
had been sent by the jurors, but Judge
Hiles ordered that they be brought
into court; and looking pale, haggard
and worn from their weary vigils in
cold cherries room, without fire or
artificial heat of any kind and only
hard chairs and benches to sit or re-
cline on. they filed in and took their
seats in the jury box.
Have you agreed upon a verdict,
gentlemen?" asked Judge Hiles. Fore
man F. z. Schoppe replied that they
haG not and his honor then asked II
there was any prOba bility of their com
ing to an agreement. The foreman
again replied that there was none.
Judge Dey, Of counsel for the de-
PENDANT, then essayed to address court,
but before this was permitted Judge
Hiles directed that the jurors retire 10
his private room so that they might
not be affected in their further dehber-
ations by anything they might hear.
Judge Dey then addressed the court in
an informal way, suggesting that 1t
would be proper for his honor to in
struct the jury to return a verdict of
not guilty on the ground that the
corpus deficit had not been proved
The-county attorney opposed this and
his honor said he had very grave
doubts as to whether he should do so
or not; there was room, on consider
ing the evidence, for an honest
difference of opinion among the
jurors as to whether the body of the
offense had been proved or not, yet he
was Of the opinion that the evidence
would not warrant a conviction, but
as the testimony left room for an hon
est difference of opinion among the
members of the jury he would not in
Struct them as to their verdict.
The jurors were then conducted into
court and his honor on their statement
that there was no chance Of an agree
ment discharged them from the case.
AN UNUSUAL SITUATION.
The situation was most unusual
one The judge all through the trial
was in doubt as to whether o. not he
should instruct the jury to bring in a
verdict of not guilty on the ground
that the corpus deficit, the body of the
offense, had not been proved. He fin
ally decided to let the jury settle the
point and gave such instructions in
his charge that both sides expressed
themselves as being satisfied
The jury retired to their room and
elected T. E. Schcppe foreman. The
first ballet showed H. c. Bleasdel, D.
7
Schop,,e (D for conviction; J. H. Wood
mansee, Edward Johnson, Frank May
and James Austin q for acqutttal.
Then a long discussion followed,
mainly on the question of whether or
Tot the corpus denc.i had been proved,
whether or not the body Of the offense
had been shown by evidence other
than Hayken's own admissions, oral
and written. Those for conviction ar
gued that this was a point too fine for
the average juror TO decide. They
thought the judge had thrown the re-
sponsibilfty on the jury and the best
Hhing to do was to throw it back on
the Judge by finding the defendant
guilty on general principles on the
theory THAI the judge, if the jury erred
in returning that kind of a verdict, /
would set it aside.
THE FIRST TO CHANGE.
On the next ballot Juror woodman-
see changed his vote to guilty, making
S to 5. Then more talk on the corpus
deficit and general principles resulted |
IN converting Juror Johnson to the |
side of conviction. Six to two now
stood the ballot.
Further reasoning and arguments on |
the same line caused Frank May to
vote for conviction. Seven jurors for !
verdict of guilty and James Austin |
alone on the ether side for a verdict of |
not guilty at o'clock on Saturday !
evening.
AUSTIN WAS FIRM
Austin says the seven jurors argued, |
cajoled and reasoned with him for |
hours but he remained obdurate He |
was satisfied in his own mind that !
the evidence didn't warrant him in rem
dering a verdict Of guilty and he
would stay till Christmas if the others
could. BY 2 O'clock in the morning they
were utterly weary and the majority
had come to the conclusion that 1t was .
no use talking to Austin anymore.
They settled down to take a little@rest
but the hard benches and the cold
room were unfavorable conditions, and
after unsuccessful efforts to sleep the
discussion was carried on intermittent
ly until they were relieved at 10 o'clock
IN che morning.
Mr. Austin says he could not con-
scientiously, according to the evidence,
vote for conviction, and now that
Judge Hiles spoke as he did he is more
convinced than ever that he was right.
MAY TRY AT ONCE.
The probability is that the case will
be tried over again right away, as
most OF the witnesses are still here,
and 1T would be less expensive to try
II row than at some future date. The
county attorney, however. stated that
he would decis'e today whether to start