The herald., 1897-11-03
HIGH JINKS OF A HUNG JURY
They Sang, Played "Tag," Ran Races
and Posed as Statues


| A loud and exultant cheer was heard
in one of the jury rooms in the supreme
court yesterday morning: "We've
agreed" We've agreed" Twelve
men confined in that room had been de-
liberating on the merits Of a case for
twenty hours-that is, while they We're
not otherwise engaged, for during the
long hours Of the night previous they
whiled away the time running, jump
ing, playing tag, posing and having a
regular jollifcation through the corri-
dors of the county court house.
They showed evidences of their sleep
less night when they entered Judge
Gildersleeves court room and an
nounced a verdict in favor of Mrs.
Eunice Milligan for $500 damages
against Robert Nathan, broker, foi
malicious prosecution. Their eyes were
dull, their hair uncombed and their
clothes untidy, and as soon as the ver-
dict was announced they hurried to
their homes.
Mrs. Milligan sued Mr.. Nathan be-
cause she and her husband were arrested
charged with being responsible for the
loss of large quantity Of wine from the
cellar Of the Nathan house, while the
family were in Saratoga in 1894.
| The evidence showed that as soon as
Mr.. Nathan left the city his servants
| helped themselves freely to his wine,
| brought in their friends, opened numer
GUS 'cold bottles and had a most en-
| joyable time, to the astonishment of Mrs
Milligan, who had been put in the house
| as caretaker. Mr.. Nathan did not learn
of this until he returned to the city and
was giving an elaborate dinner. The
wine he wanted was missing. He
charged Mrs. Milligan and her husband
with having taken it. but they were both
discharged in court because there was
no evidence against them.
The case went to the jury about noon
on Thursday. The twelve men were
confined in little, stuffy room all the
afternoon, most of them smoking all the
time. They took ballot after ballot, but
could not agree. One by one they came
to the conclusion that Mrs. Milligan was
entitled to damages, until finally but
one obstinate juror was left to be con-
vinced. During the evening they went
out to dinner at the expense of the city,
and when they returned in about an hour
they appeared to be in very hilarious
mood.
| The close and stuffy jury room they
found too small for their liking. Toward
midnight they asked permission to go
out in the corridors to get some fresh
air, and as soon as they were released
they began to make things lively. They
played tag" until they became tired.
Then one man with a fine baritone voice
started up "There'll be a Hot Time in the
Old Town Tonight
| His associates gathered around him
and Joined in the chorus, making the
old building ring with strains of music.
Then came "Home, Sweet Home,' 1--WE
Won't Go Home Till Morning. and
other familiar tunes.
There are four vacant inches sur
rounding the rotunda of the main floor
of the building, which caught the eye of
one of the men. He quickly divested
himself of his coat and, mounting va
cant space, struck an attitude and
called out apollo Belvedere!" Instant
ly there was rush for the other va
cant inches, and in jiffy there We're
living statues of "Ajax Defying the
Lightning" Liberty Enlightening the
World" and 1.-The Gladiator
After indulging in this sport they held
a mock trial, and one of them assumed
the dignity of the judge. They went
over all the evidence again, threw paper
balls at each other, and finally the trial
was broken up when one of the jurors
threw his shoe at the acting judge. 1t
flew past him and struck the wall. They
spent the early morning hours in one
of the court rooms, and were not taken
back to their jury room until after day.
light, when, after taking a few more
ballots they reached an agreement
New York Herald,