The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-10

place at SIS D. M This time it was
not at their request, but at the bid
ding of the court, who desired to as
certain whether there was any pros
pect Of an agreement. After the Ju-
rors had seated themselves, the court
inquired: >,
'sHave you agreed on verdict, gentlemen.
The Foreman-There has been no agreement
reached
The Court-Is there any probability of your
being able to harmonic your views?
The Foreman-There at the present time
seems no prospect of an agreement: ..o.
The Court-You have discussed the mater
pro and con, have you, and considered II
fully
The Foreman-The matter has been very
fully and impartially discussed by the JURORS,
and l think with great fairness OF nina on
the part of each juror. There has been qlI-
ference of opinion among the jury as TO wnat
should be done in the premises, ana can
say, as foreman of the jury, that L come III
here to express the opinion of the Jury tnaL
they can never agree; don't think that l
am authorized by the jury to say that, Dut
1 may perhaps, say that the jury at the pres
ent time see no prospect Of agreement. we
don't come from the room, your honor hardy
as a fnality, If l may speak In that way.
Now l am called upon to speak here rather
unexpectedly, and / don't know but it would
be fair If proper. for some Of these Jurors
to express their minds to you rather tnan Ior
me to express 1t for them, because there Is
no agreement among the jurors on these
points.
The Court-Well, the only question that l
am interested in now is to know Wnetner
there is. probability of your being able TO
harmonic your views. 1t is desirable. Of
course, that verdict should be reached. IL
possible, but if there is no probability OF II
| would like to be advised of that fact Inc
purpose of the court is not to coerce YER
dict, but it is the purpose OF the court 70
allow you to remain together long enough
that you may discuss the matter fairly, COM
pleteIy and fully, and harmonic your views
if possible; and it is perfectly proper Tor any
member of the jury to express himself as TO
the probability OF tht jury Delng aDie u al
rive at verdict.
ton that there has been a very strong reel
ing among the majority, and may say, per
haps every juror believe it would be fair
to say that there has been strong feel1ng
on the part of every juror that the interests
at stake in this matter are OF sucn nature
to the public, to the county, 10 the court
and to ourselves we ought to arrive at a YER
dict If it is any ways possible. 1t is more SO
in case of this kind than in some cases
and we have strenuously tried, without any
spirit of coercion on the part of anyone, TO
come to a verdict. We do stand differently
tonight than we did last night in that re-
spect, but 1t is the opinion of some or the
jurors that they can never change their mlnd
in this case ard If that is so why there
would be DISAGREEMENT. That Is the status OF
the case tonight, but please don't understand
that we came in here with the idea of max
ing a formal report at this time, but simply
to state the facts of the case, and, II may
use such an expression, TO couhsei Win tiie
court There is one of our number, L may
say further that is very far from Well-t
is not the speaker-and this juror has felt
very urgently the necessity of getting through
with this case tonight. think, perhaps, |
have made the matter a little more urgent
than l would have done otherwise There is
one matter that would help to clarity this
good DEAL and yet am in such serious doubt
about the propriety of asking the question;
especially here in open court, that don't 1eel
at liberty to ask it.
The Court-It would be impossible for me TO
give you any instructions at this time, gen.
temen, as counsel are not present. You were
simply called in at this time to see what the
probability was of an agreement. L think IN
view of the statement of the foreman that
you are not yet without hope Of an agree
ment. / will allow you to retire for further
deliberatiOn.
The jury thereupon retired with
wearied expression upon their coun-
tenanceS.