The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-25


Brought In Verdict of AcquittaI ii
the Eva BEEN Case in Which He DE
plored the Fact That They Had Mad
known Their Deliberations While 4,
the Jury Room-Did Not Call Then
Together to Say Anything About til,
Verdict.
In the federal court yesterday morn
ing Judge Williams called the petit jury
that rendered the decision in the Eva
BEEN case and addressed them as fol-
lows:
Gentlemen Of the jury, deem it this
morning my duty to endeavor % uphold,
with all Of its proper forms the admin
istration OF justice in this district, tenn
Dorarily at least, while I am in charge
Of il; to call you together and make a
few remarks. TO you upon your duties as
Jurors
The right Of trial by jury, gentlemen,
is one OF the most sacred rights that are
known TO the American people, and Il
has ever been considered the palladium
Of liberty in tnis country, as well as in
England, and must ever be maintained
with all possible care and all possible
liberty so far as the conscience Of the
jury IS concerned. And when juror is
empaneled to try any case in the courts
be has undertaken the discharge of an
important duty 10 the administration, TO
the law and 10 his fellow-ciJizens.
Il an not calling You together 10 say
anything about your verdict. That is
your verdict. Far be it from the court
after submitting case TO the jury and
their discussions upon il, to make any
reflections upon ii one way or another,
If any were needed in this case. But /
esteem a jury Of twelve men who retire
70 their jury room 10 consider upon their
verdict as discnarging a most sacred
and important duty. They should do it
in a manner that reflects credit upon
them ana in a manner that Will not be
reflection upon the administration OF
law and the conduct Of courts
the deliberations of a petit jury az
well as of the grand jury are sacred and
there are many reasons for il and the
reasons al this time nave been made
most painfully apparent. l see by the
public prints that some member Of this
jury do not know who, am glad
do not-has dsvulged 10 the newspaper
reporters how the jury voted for acquit-
TAI and who voted for conviction. You
had no right to do it. II interferes with
the great liberty OF conscience that a
juror has TO vote as ne pleases
Il see by the report that the jury say,
some Of tnem-it must come from the
jury-that .JIIror Small OF Butler county
stood alone -6or conviction. That is the
report in the papers. II must come from
some member of the jury. 1 think il is
rather painful thing for AIr. Small |
possibly, as L see by the prints again, |
when some man without any respect for |
the law and whose expression is in viz |
lation Of All law, says that IL was a |
good thing that the jury found the de- |
PENDANT not guilty, because otherwise |
they would have been run out OF this |
town or course, IL Mr.. Small voted for |
conviction ID is a pretty sad reflection |
upon him in the face of that kind of an |
expression by some one who has not a |
particle OF veneration for the law or the !
forms Of the law, whoever ne may be-
Another thing is singular. The jury
GENT to the court not so late in the even
Ing but after all parties had gone TO
their homes, for additional instruction
The Judge of the count wrote at the bot
tom of the card that these instruction..
would be given you in the morning
When such Instructions must be given
N the presence Of the defendant and
mist be- given in the presence of the at
.oEneys for the defendant at least. il
Tot IN the presence OF the government
1 find that the jury say that
he court refused 10 give any instruc-
ions II you viii read the replies sen,
o the jury It will show for itself
II Ao not care 80 much shout any re-
lection upon tde court as do for refiec-
ion upon the administration of the la.
" jurorA. Each juror should be free 10
ote According TO his convictions and no
ne of his fellow jurors has a right to
ivuige the Ssct as 10 how ne voted. {
Il felt called upon 10 say these things
, you this nspTning'
Judge Willisgns' short address was full ,
{ wisdom and it was given in the kind
st spirit and not in the manner of
ensure. He very properly did not want
precedent established wherein other
aries nfsnt give out information that
-ould lead TO results that might cause
-ouble il not eIdanger life The jurors
n the other hand. We're not probably
ware thg: such secrecy should be main
Sinej, thinking that AFTER the verdict t
ad been reached that hey could dis
lose whatever had traTspred. The in :
anse interas; that had arisen over the {
sSe caused Miss Beem's intimate friends I
make inquiry as 10 why a verde; had
D, been reached earlier Especially As
verdict Of acquf:xal was given. The :
awSpape- reporters brought every pres
IRE to bear on the Jurors 10 learn ne
,sIlts and = save themselves from be-
lg bored 10 death, Il is probable that The
Igo- who gave ous the information with
sluc.ance. There was certainly no in
anrion on the part Of any one 10 VIC
tie any n The ethics Of the court and il :
a. unfortunate that over enthusiasm
n me part Of outsiders made i posi-
vel- necessary on the parc % Judge :
Williams 10 address the jury. when in t.
eaiity il was the fault Of jealous :
ienl>. :
II. r f. Beach left yesterday morn
lg on a short business trip 10 Newton e