The Saint Paul globe., 1898-11-19
JURY HANGING FIRE
INDICATIONS THAT THEY WILL
FAIL TO AGREE IN THE
SOUTHALL CASE
CLOSED IN THE AFTERNOON
During the Evening Judge Brill
Was Sent for and Asked Some
Questions Which Had Been Cow
cred in the TriaI-Report That
the Men stood Nine to Three for
COnvictfon-Day's Proceedings.

the Men Stood Nine to Three for
ConvictiOn-Day's PROCEEDINGS,
The jury in the case Of James H.
southall. charged with issuing fraudu-
lent time checks to Daniel NJ. Emmons.
retired late yesterday evening and is
still out. 1t was very evident last
evening that there was little chance
for the jury to agree. No absolute in
formation could be had, of course as
10 how the jury stood. but it was un-
derstood that 1t was nine for con-
Vlctton and three for acquittal all the
way through. The jury was lodged in
tne grand jury room off the small court
room on the fourth floor of the court
house.
When time for the evening meal ar
rived they at once sent out word that
there was more time needed, and that
they would have to eat. Judge Brill
ordered that they be taken out to sup
Fer and when they returned they con-
cluded that they would need further
instructions. Only one of the jurors
appeared much interested in the inquiry
that was made of Judge Brill-Juror
Scharff. He asked if the jury was to
act on the question as to the condition
of mind in which Ernnons bought the
paper-if they were TO find for the de-
fondaelt in case they believed that En-
mons had a knowledge of the paper he
as buying. he also wanted TO know
If it was in evidence that Emmons had
hypothecated the paper that he had
bought. AS both of these points had
been very fully covered in the trial
the only defense, in fact being that
Emmons had got his money out of the
deal-Judge Brill was somewhat sharp
in repeating his instructors. Then
the jury again went into retirement
and during the evening they could be
heard wrangling.
County Attorney Anderson Lieut.
Keller and other interested parties
spent much of their time in the court
room during the evening, but got no
satisfaction.
OFFERED NO EXTENUATION.
Mr.. SouthalTs attorney. Mr.. Nelson,
was frank to a degree, with the Jury.
to whose hands the fortunes Of his
client were committed yesterday he
told the jurymen that he had nothing
to offer in extenuation OF the general
wrong-doing of Southall, but he want
ed them TO understand that his client
was not being tried on general princi-
pies, but on the specific charge of hav-
ing defrauded d. NJ Emmons out of
$3.50 He submitted that it had not
only beer proved that MIR. Emmons
had been defrauded out of anything,
but that he had gotten more money by
buying time checks from Southan than
he could have got by investing his
money in any other direction. When
the jury retired just before 4 o'clock.
the only thing that was left for them
to consider was whether there had
been any actual fraud perpetrated on
Emmons. 1t was better than even bet
Nfv4=r Il -
that they would forget all about that
feature Of the trial and fight it out
on the general guilt Of the ex-clerk.
The trial was ended before any one
outside of those acquainted with the
defense and it's nature was ready for
the close. Lawyers Ventured the opjn-
ion that Mr. Nelson changed the line
of his defense after he heard the case
of the prosecution. He did not cau
single witness OF his own. but put Mr..
Emmcns on the stand again, asked
him a few questions and told the
court that was his case. 1t was a
SENSATIONAL FINISH,
and the men of law about the court
room were all ready to congratulate
Southalls lawyer and the daring thing
he had done in Standing pat" on the
case of the state. That was apparently
the only thing TO do.
The jury must have been impressed
by the honesty ard straightforward
ness of Mr.. Nelson in admitting that he
was not trying to shield his client on
the general proposition of having been
engaged in gigantic swindle"-his
very words. He reprobated the swindle
generally, but he insisted that the COM
planning witness IN this case was
equally culpable with Southail, and
he ridiculed the idea of a man like
EInmons to have been in the dark as
to the nature Of the paper he was deal
ing in. When ii was all over it was
agreed that a conviction could on y
result from tire impression made on
the minds OF the jurors by the state
ments contained in the letters that
Southall had written. One lawyer put
1t: ''SCuthall might better have cut
off his hand before he wrote those let
ters."
As usual SouthaI was the most i'm
perturable man in the court room. He
was very watchful and felt the weight
Of everything that was said, but he
gave no sign of being affected at any
time Even when the charge CT Judge
Brill was being delivered he made TO
other sign of interest than turning
from the judge to the jury to observe
the impression that the charge was
making He particularly watched an
elderly man with a chin whisker. who
sat in the corner OF the jury box. and
who seemed to have been much i'm
pressed by the talk Of Nelson. The
homes of the defense were largely pinn-
ed on the man with the chin wnisker
When court opened yesterday morn
ing Mr.. Nelson
SPRUNG HIS SURPRISE
by calling Mr.. Enmnors to the stand
as q witness for the defense The wit
ness was antagonistic, but that made
NJ difference. He had used the books
in which he had noted the transac-
tions between himself and Southall in
his examiIlatf0n -in-chief. He was ask
ed 70 verify. the figures in the book;
They showed the amount he had paid
for certain time chicks and the profit
realized. The books were then offered
in evidence by Mr.. Nelson
Mr.. Anderson objected TO their be-
ing taken in evidence. but later with
drew his objection.
Then Mr. Nelson put in evidence
check paid by SouthaH 10 Emmons, the
object being TO show that Southall
himself was the redeemer OF the checks
and that Emmons must have known
that il the checks were issued by the
government they would be taken up
bv government checks. In answer TO
direct questions, Mr. Emmons said that
he mad frequently called at the Office or
the government engineer and found
SouthaII out. Mr.. Du Shane was there
on these occasions, but 1t never oc-
CURED to Mr.. Emmons 10 talk 10 Mr..
Du Shane about the checks. This ad-
mission being made. Mr. Nelson an
pounced that that was his case, and
the state offered no rebuttal.
Mr.. Anderson, for the prosecution,