Evening star., 1898-12-03
UNABLE TO AGREE
Jury in Race Track Case Fails to
Reach Decision.
TEN VOTES CAST FOR ACQUITPAL
Three Defe 'ds n ReIeasedbyO der
of the Court.
THE PRAYERS SUBMITTED

After a trial lasting four days and part
of night the jurors in the Benning race
track alleged gambling case were unable
to agree. They were discharged this morn
ing by Judge Kimball after having been
locked up over night. Mars Cassidy, Chas.
d. Mccoy and William H. Barretto, who
were not shown to have been members of
the executive committee of the Washington
Jockey Club, were acquitted. by direction of
the court. The disagreement affected only
President Samuel 5. Rowland of the club
and Samuel Ross and Jesse Brown, who
were stewards of the meeting. as well as
members of the executive committee of the
local club. Ten of the jurors voted for ac-
quittal and two for conviction. When this
was learned one of the defendants remark
ed that the vote was virtually a vindica
tiOn.
All the defendants and counsel on both
sides We're in court early this morning. and
shortly after . o'clock Judge Kimball di-
rected that the jury be brought in.
Have you agreed upon verdict? Clerk
Potts asked Foreman kervan when the
twelve men had responded to their names.
We have not" was his answer, except
far as Mr.. Barretto. Mr. Cassidy and
Mr.. Mccoy are concerned"
Would any instructions upon the law
disagreement entirely upon the facts?"
Upon the facts was his answer.
Judge Kimball expressed regret that the
jury could not agree and that another trial
would have TO be had.
viii your honor fix a time for another
trial of the case?' asked Mr.. Mullowny.
Not at present. said Judge Kimball.
Wen settle that question later
One of the jurors made complaint to the
judge that there was no fire in the build
ing after midnight and that they had suf
fered from the cold.
Judge Kimball said he was sorry that
this had happened. 1t was an oversight,
the judge said, that the fires were banked
and the building was not kept warm. In
the future, he said, he will endeavOr to
see that this does not occur.
The Future Proceedings.
The question of another trial of the case
viii be determined later 1t is the desire of
the Firginians and Baltimore people inter-
ested in the prosecution to have the case
tried next week, but it not likely that their
wishes in this respect will be gratfied.
Should the case be put on trial again this
month it Is more than probable that some
members of the discharged panel would he
called to sit on the case again. Such a trial
1t Is thought, might possibly result in a
repetition of the report of the jury this
morning. For this reason it is not likely
that the case will be put on the assignment
until next month, when there will be "a new
jury called
Judge KimbalTs Ruling.
Yesterday afternoon, after The Stars re-
port closed, counsel completed arguments
on the motion to take the case from the
jury. This motion Judge kimbal over
ruled. remarking that the proof in the case
had failed to show any responsibility on the
part of defendants Mccoy, Barretto and
Cassidy, and that at the proper time ne
would direct verdict in their favor.
AT $50 O'Clock Mr.. Baker started to make
his opening address TO the jury. He was
followed by Mr.. Auerbach for the defense
and at go o'clock the court took a recess
until p. m. Mr.. Worthington opened the
night session of the court by addressing the
jury and the closing appeal was made by
Mr.. Mullowney.
During his address Mr. Mulowney re-
cited the history Of race tracks and laws
governing them in this city, telling of the
time when the Ivy city track was opened
by party of men from New Jersey. He
told of the successful efforts of the authori-
ties to get rid of them and of the enact
ment of law for the protection of The
people of the District against such gamb-
ling. Upon conclusion of the attorneys re-
marks the court charged the jury. Before
the arguments were begun counsel on both
sides submitted a number Of prayers, which
were acted upon.
The governments prayers and those of
the defense were then submitted.
Charge to Jury.
Judge Kimball, In his charge to the jury,
said he would make his address as short as
the gravity of the case and the numerous
questions involved would permit. He le-
ferred to the four counts of the informa-
ton, as heretofore published in The Star,
and also read the sections of the law under
which they We're instituted. The jury Were
instructed that the case must be deter
mined upon the law and the evidence and
the members must not let outside ques-
tions influence them. Judge Kimbal ex-
planned that the jury had nothing to do
with what grand juries had or had rot
done, nor had the jury anything to do with
the particular persons charged.
Reading from the decision in the Miller
case, the judge told the jury that that was
to be followed in making up the verdict
in this case. That decision the judge said,
far as it relates to the facts in this case,
is the law that is binding both upon the
court and jury.
The judge relied largely upon the decision
in the Miller case as the real law of the
case before the court. He ruled that the
running of a horse race for purse or prize,
unaccompanied by betting, does not con-
sttute a violation of law. Even betting
under some circumstances would not make
ii gaming within the meaning of the stat
ute.
After instructng the jury upon :he doc
trine of reasonable doubt and the words of
the statute applica-.e, the court directed a
verdict of not guilty as to defendants Cas-
sidy. Earretto and Mccoy. who are not
members of the executive committee of the
Washington Jockey CluD. So far as the
case related to defendants Ross. Howland
and Brown the jury was to decide.
The jury reported at II clock that there
was prospect of an agreement and the
court ordered the twelve men locked up for
the ght.
SI.25 to BALTIMORE and Return
Via Il. and o. Saturday and Sunday Dec :,
and !. good for returu until following Mnn=