Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-07-28

were thereupon ssnt to summon the
persons Interested.
MONDAY AFTERNOONS INCIDENTS.
1t had been very unevsntful day
for the jury up to about 4. 40 o'clock.
They we're then few hours along in
their fourth day Of consideration OF
the case, and about two hours in adj
vance OF the time consumed by the
Cooper jury. Then they were brought
into court, tho attorneys being duly
mott Esd. Senator Kenney was accom-
panied by Senator Gray, Adiutant-
General Fart, James Lord, and E. z.
Stacey. District Attorney Vandegrift
was in his place. but outside of few
attorneys. the attendance in the court
room was rather aim.
After the roll of the jurors had been
called, Judgs Bradford, addressing
them. said;
"Gentlemen OF the jury, owing to
the length Of time consumed in the
trial of this case and its Importance,
and the voluminous character OF sthe
evidence submitted to you, the court
has considered it it's duty to keep you
at the consideration of tho case SO long
as there is any reasonable prospect of
your HgreemeDt.
''Of course, every one recognizes
that in ease of this sort it is ex-
tremely desirable that conclusion
should be reached as to the guilt or
innocence OF the defendant. At the
same time, the court feels that you
have been out for such length OF
time as to enable you to thoroughly
examine the matters which we're sub
mitted to your charge, and that you
have had every opportunity of reaching
conclusion, if conclusion is possible
to be reached.
"The cour. very much regrets that
you have bsen confined 10 long, but
think you will appreciate the fact that
in a case of this Importance there
should be no undue haste INDUCED in,
and that every effort should be made to
reach conclusion.
"Ie there any prospect OF your con-
scientiously reaching a conclusion in
this case?"
The jurors shook their heads mega
lively. -,
"Ilave you exhausted every means?"
Then the jurors bowed their heads
affirmatively.
Ills that the unanimous sentiment of
the jury?"
Again the jurors nodded affirma-
| lively.
Then the judge turned towards Dis
trict A ttorney Vandegrift aud inquired :
"Do you consent to the discharge OF
this jury?" -.
Mr.. Vandagriit replied: "Yes, sir.
| am willing 10 the discharge OF the
| jury under these circumstances.
The judge then asked Senator Gray
| "Do you consent to the discharge oil
this jury"
Senator Gray replied:
81 should feel that / could not con-
sent to the discharge Of this jury"
Upon being asked whether the de-
PENDANT consented, Senator Gray az
swered: II have not his authority tt
consent.'' And later, be said: "Tht
defendant does not feel that he should
consent.
Turning again to the iuorrs, Judge
Bradford continued;
"Gentlemen of the jury, under thu
circumstances, the court is Obliged, IL
the absenoe of the consent of the de
PENDANT, to state to you that you m us
retire with view to reaching con
scientious verdict in this case.
heing discharged were, therefore, sadl.
shattered, and they fled quietly bacl
to their room.
SUDDEN CHANGE IN SITUATION.
After the jurymen had retired in tn
afternoon, 1t looked as il they wer
out for another night unless tn
minority should suddenly decide II
vote with the majority to secure
verdict. The refusal OF the defence Il
consent tn the discharge of the jur.
was thought to mean that they pre-
ferred to take the chances of tine re
calctrant jurors coming over to thei
side, thinking that they stoDd 10 to
in favor of acquittal, rather than accep
, disagreement. They may have Learned
!. the real status of the jury later, TO
Senator Gray visited the buildin
twice after the jury had returned t
their chambers, and is believed I
! have conferred with Judge Bradfor
on tho question of discharging them
, The defence held that the matter O
, discharge was for the judge solely an
that, therefore, they should not b
| placed in the position of having t
, decide the question one way or another
, Added to that the fact that the juror
again sent message to Judge Brad
| ford about 7 o'clock in the evenin
asking tn he discharged, owing to th
t impossibility of reaching verdict
3 made sufficient reason to bring thei
into the court room again.
Y While the jurors were eating sur
per, an impression began TO sprea
| around that something was abou
. to happen. Senator Kenney Hppenre
Q at the courtroom, District Al
q .crney Vandegrift arrived in th
: building, aud persons began to az
semble in the corridor. Among thos
I who took seats in the court ROOF
j we're James Lord. FrsnKlin Tampl,
Adjutant General Hart, who is Seuate
r Kenuey's private secretary, George "
a Gray, j. Merrick Horn. y. jaime
4 Belt, Charles Campbell, Harry Buchoi
i Charles II. Ten Weeges, Jonathan W
i Aydon, Job II. Jackson, the Re,
! Henry Baker, d. D., and Clement /
: Smyth.
: Several times, Deputy Marshal Clsr
or Bailiff Hawkins looked out in II
i corridor, from the witness room, bl
j their expectancy was due not 30 muc
t to the imminent return of the jury
o 10 desire for the carly arrival of IL
/ ice cream for dessert. Their dosire wi
realized after some delay, by Il
Il arrival of a waiter with tray full
4 plates OF ice cream. 1t must ha'
II hurried the jurymen to finish eatir
!. the cream, for very few minutes lat
i they were sent for.
il District Attorney Vandegrift entore
Il the courtroom and took his seat, aft
n greeting some of the Kennsy party an
| l. L.. ..,,N