The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-03-12
QUEER ANTICS OF JURORS.
Six Of Them Changed Their Minds During
the Night
A Funny Scene in Court - Gilman
Gets Judgment Against
the "Bee.''

The jurors in the libel case of c. H.
Gilman against the proprietors of the
"Bee"-or some of them at least-yes-
terday came to an agreement after two
very amusing balks.
On Wednesday night the jury re-
turned to court. after several hours de-
liberation, with a verdict on which
they all said they had agreed. AS the
plaintiff W as not at that time prepared
to deposit the amount of the jurors
fees, Judge Hunt directed that the YER
dict be sealed and the jury and all par
ties concerned appear in court at 10
o'clock the next morning
When court opened yesterday morn
ing the jurors were all in their seats,
and the court directed that the verdict
be read. 1t was in favor of the plain
tiff and fixed his damages at $3.50.
When the jurors were asked individ-
ually if that was their verdict, just one
half of them replied no" They had
changed their minds during the night
The attorneys looked inquiringly at
the jurors, and then at one another,
while puzzled expression overspread
the face Of Judge Hunt The poll of
the jury was:
Yes-E. Gravel, Joseph Desroiser, F.
j. Butler, Francis Doty, N. D. Gage,
Thomas Norton.
Mo-. M. Cress, E. S. Dowd John
Hagle, George A. Warner, Charles
Schrener, John N. Blair.
Judge Hunt informed the Jury that
there was no verdict and they must re-
tire again for further elaboration
The jurors went out, and during their
absence the lawyers and others present
spent the time in criticising the intelli-
gence OF men who could come into
court saying they had agreed on a YER
dict, AMI then prove that they had
split even.
In a little while the twelve wise men
returned and demurely filed into the
jury box
Gentlemen of the Jury" asked the
court, have you agreed on a verdict 2"
we have" responded Foreman Blair
at the same time handing to Clerk Kid
der the same slip of paper that had
done duty before. 1t was to the effect
that judgment was given the plaintiff
and that damages in $3.50 were allowed
When again the jury were polled and
each man asked if that was his YER
and four in the negative
This time the court and ATTORNEYS
were dumbfounded, and all looked dis
gusted.
Judge Hunt informed them. with all
the gravity or which he was capable
under the circumstances, that it re
CURED at least nine of the twelve to
agree on verdict, and that eight could
not do So
We'll" spoke up Foreman Blair, I'VE
counted nine up stairs
Again the twelve wise men were told
to go back to the jury room and trv
again. They did so, and shortly re-
turned with the same verdict. This
time they did not venture on anv di-
vision, and all responded in the affirma
tive when asked if that was their YER
dict.
Then General A. L. Hart, of Gilman's
counsel, asked the court to set aside
the verdict as it appeared from the
conduct of the jurors that it was not
their verdict. At first they stood six
to six, when they claimed to have
agreed, and then eight to four He
thought a mans rights should not be
fr1ttered away in that manner.
A. j. Bruner of counsel for the de-
fense, SAID the verdict returned on the
preceding night would have been all
right II the jurors fees had been paid
at that time. Now it was unanimous
and should stand
General Hart said the jurors. after
oeing permitted to sleep on their YER
dict OF the night before, had come into
court-still claiming to have agreed
ana then stood six to six. If iur-
ors be so vaccillating that they don't
know their own minds, their verdict
shouid not be recorded. The court had
the right to vacate it, and he asked
that it be done
Judge Hunt said that the jury having
three times found for the same amount
OF damases-the last being unanimous
he would have to deny the motion to
set the verdict aside
Inns ended the proceeding and the
court adjourned