The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-10
FOUR AGAINST EIGHT
SAID TO HAVE BEEN THE STATUS
OF THE CLEWETT CASE
JURY.
DISCHARGED LAST NIGHT.
JUDGE BRILL RELEASED THEM
AFTER NEARLY THIRTY-SIX
HOURS IMPRISONMENT.
INCIDENTS OF THE LAST DAY.
Jur, Came in Twice to Get Instruc-
lions on Points About Which
They Were Puzzled.

Judge Brill discharged the Clewett
jury at o'clock last night. They
stood to 4 for the defendant-the
House of the Good Shepherd. That
was the nearest approach to an agree
ment.
The case went to the jury at p. m.
Monday. All that afternoon and even
the jury was equally divided between
the plaintiff and defendant. Yester-
day forenoon one of the plaintiffs ad-
herents went over to the defendant,
and for the rest of the day until sup
per time the two ballots taken resulted
in seven votes for the defendant and
five for the plaintiff. After supper
another of the plaintiffs champions
gave in, and then the weakening
ceased. The remaining quartette de-
clared that nothing could make them
change their minds. Thereupon the
twelve good men prepared to make
another night of it. They were re-
moving their coats and getting ready
to dispose themselves as comfortably
as the hardwood surroundings would
permit, when Deputy Egan knocked
on the door and conveyed the welcome
intelligence that Judge Brill had open
ed court and desired the jury to come
out that the court might learn whether
there was any prospect of an agree
ment.
AS soon as the jurors had seated
themselves in the jury box, Judge Brill
inquired:
Have you agreed on verdict, gen.
tlemen?"
Foreman Howard: 1--WE have not,
your honor, and [ regret to say there
seems to be no prospect of our agree
ing. We have labored long and con-
scientiously to come to an agreement,
but without success, and I feel I am
justified in saying that there is no hope
of any such desirable result"
Judge Brill thereupon discharged the
Jury. None of them lost any time IN
getting out of the court house. One
of the jurors, S. A. Forrest, is an ell
derby man. upon whom the long ses-
sion has proved a severe strain.
1t is understood that on the last
ballot the jury stood as follows:
For the plaintiff: Frederick Low, w
H. Lesemann, G. F. H. Koerner, Harry
Longfellow For the defendant: Peter
Mcdonald, J. B. Hambay, E. E. Lin
coin, John H. Gregory, Hans A. Jen-
sen. Edwin James, Samuel A. Forrest
and Foreman w. H. Howard.
A crowd occupied Judge BrilPs
court room until almost p. M,
waiting for the verdict that did not
come. Shortly after 1870 a. M. rap
on the inside of the jury room door
summoned Bailiff Egap, who was in
formed that the jury desired further
instructions from Judge Brill. Attor
neys Butts and John D. O'Brien were
at once sent for, but as Mr.. Butts
could not be found an adjournment
was taken until 2 p. m. At that hour
Mr. Butts could not be present. He ar
rived at $3.50, and the jurors were then
conducted to the jury box.
Il understand, gentlemen, that you
wished to make some communication
or ask for some instructions" said
Judge Brill.
Foreman Howard rose from his seat
in the upper right-hand corner Of the
box and addressed the court thus:
eve would say, your honor, that there is
some ambiguity in the minds of the jurors
as to what was incumbent on the plaintiff
in order to make proper demand for her re-
lease, and an equal ambiguity to what was
incumbent on the defendants, after plaintiff
returned from her escape, 20 clear them from
the charge of Imprisonment. This does not
grow out of any ambiguity SO far the
charge of the judge was concerned, but, while
the charge was not lengthy, in view of the
case, yet is was of such length that, with
the variety of points involved therein, the
jury in their consideration of 1t have not been
able to remember all the points fully and
there is confusion of mind before the jury
and we come here for some instructions in-Fe-
gard to those two points that we raise.
would say, perhaps, in addition to that, there
is not a spirit among any of the jurors of
obstinacy, or anything of that nature; it is
simply difference of honest opinion, and
-, b.
jurors, l think, to try to get at a conclu-
sion"
The Court-Well as to the first point you
suggest, l told you, 1 think, that, of course,
a formal demand to be released, if it was I'M
derstood that it was intended and meant
that she desired to go out from the institu-
tino. would be sufficient; but charged you
and that is law-that formal demand was
not essential if it was made known to them
that she desired to leave the institution, had
fixed purpose to go, and it was made known
to them In any way so that they. as rea-
sonable persons, under the circumstances,
understood that she desred-had fixed pur-
pose-to leave the institution, and that they
detained her; under such circumstances, con-
sidering all the facts and circumstances of
the case, that that would be sufficient to make
out case. Then, as to the time when she
came back after the leaving-is that the point,
of the second question you ask?
The Foreman-After her escape and return
there has been some lack of clearness in the
minds of the jury whether it became the duty
of the sisters to make an inquiry of her as to
whether she wished to go. There Is an am
biguity in their minds in regard to that
point, how far the sisters the defendants,
rather-should have made inquiry OF her as
to what she wanted to do
The Court-That would depend little on
what you found the fact to be in regard to
her return If she was forced to return by
them-if they understood that she was forced
to return against her will then they should
have acquainted themselves with her desires
in regard to the matter IT, however, the
case were otherwise. if she was not forced to
come back. but only persuaded, or if the per-
sons who brought he back did force her, and
the sisters were not responsible for that
didn't understand it or hadn't directed it
then it was not necessary for them to make
inquiry. 1t was necessary for her to make
known her desire if she thereafter desired to
leave.
After Judge Brill had answered a
minor question regarding the proper
form of the verdict Mr.. Butts arose
and proceeded to state in his own Ian
guage--What he conceived to be the
meaning of the courts last charge.
When he had finished, Judge Brill,
without indicating any assent to the
construction placed upon his charge
by Mr. Butts, merely remarked:
81 think I have expressed the mat
ter so that the jury understand 1t. If
they desire anything further, I will
try to make it plain to them. Gentle
IIleH (lO the jury, IL lleit Is uOtulllS
further, think you may retire."
The Foreman-One thing. your honor. Our
action here thus far has been the action Of
the jurors as whole, who have united in the
question to come in here and make this re-
quest of the court. / now am asked. by one
of the members of the jury. to make this re-
quest to you that if we unable to agree
we may be discharged this evening. This re-
quest is made upon the petition Of one Of the
jurors who feels that he does not feel able
to stay there another night. l recognize the