The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-08
The Jury in the Lingane
Case Disagree.
Eleven Members for COnvic-
tiOn, One for AcQuittal.
Juror Mal0ne's Statement--Att0rney
General Explains.

David Lingane was not found guilty OF
an assault with pistol on Osceola X. Cook
because one member of the jury refused to
be convinced by the discussion and review
Of the testimony OF the other IL. The
jury were brought into the court room
by Deputy Sheriff Child shortly after
4:30 O'Clock. Judge Wilbur having previ-
ously requested the membe rs OF the jury
that is considering the Cook case to re-
tire from the building as quickly as posi-
BILE. This request was made so that the
members might not hear anything that
took place in the jury room.
Foreman Peabody for the members of
the panel in answer TO the courts ques-
tioning said the jury had not agreed
on verdict and there seemed no possi-
biiity of an agreement as there had been
no change In the balloting since the az
ternoon previous.
Judge Wilbur then addressed the jury
briefly, informing its members that IL
was their duty TO talk the evidence over
and have no prejudice. His honor said 1t
was not right for member OF the jury
after he had heard the testimony to go in
TO the jury room and say that he would
not be convinced by anything said TO
him. The Jury was then discharged
from further consideration OF the case.
The first ballot taken by the jury was
an informal one and was taken very
shortly after the mem bers retired to their
room and H. show ed that seven members
were for conviction and five for acquittal.
The next ballot showed that two of the
latter had changed their minds and fur
ther consideration of the evidence
brought up the number in favor Of convic-
tion and then Cne other mmber changed
his mind before the next ballot, which
stood IL 10 /. There were no further
changes and for over IA hours IL men
failed to convince the minority that they
were right.
Acknowledgement Dubois stated this
morning that ne would try the case over
sgain, but at the present time, owing TO
the number of other matters on the erim-
jnal docket, he could not fix the date Of
the trial.
James II. Malone Of Saylesville, one OF
tie members of the jury, made a state
ment last night to the effect that he had
lesn approached several times by men
who desired TO secure a disagreement of
the jury. and had been promised a hand
some present IL he held out. He was first
approached at the polls on election day,
he being an election officer. The night
sfier the election another man came 10
mis- home. Mir. Malone can furnish the
names of the parties who came to him
and also the name OF the man who sent
those parties TO him. After he was first
approached Mr.. Malone reported the mat
ter to the court.
Attorney General Dubois today address
sed the court and said that in justice TO
the defendant, Mr.. Lingane, and his com
sci he deemed It but right 20 say that
the statement in The Journal this morn
ing concerning certain copies of The Tel
egrsm getting into the jury room was
misleading. Mr.. Dubois said that he had
been using the copies referred to in the
trial and in some way, for which neither
the defendant nor his counsel was respon-
sble, they got mixed up with other papers
III the case ana thus got TO the jury. He
further stated that none OF the members
o. the jury saw the papers referred TO un-
til they had reached the same conclusion
they had when they wers discharged.