The daily morning journal and courier., 1898-02-04
NO VERDICT YET REACHED
JURY IN HoDGDON CASE SLEEPING
 IN THE JURY ROOM.

" ae AEoDhuic-O uuso
 back Adjourned Court Until 10 a. m. To-
 day When He Will be Ready to Hear a
 Verdict if One is Reached.
 The case of the state against Captain George R. Hodgdon, charged with ar- son in hiring Frederick Cook to fire the Tontine hotel, was given to the jury in the superior criminal court at 5:O5 yes- terday afternoon. At 9 o'clock the jury reported to the court that no agree ment had been reached. Judge Rora- back then addressed the jury briefly, saying that he would not discharge them and impressing upon them the importance of the case and the import ance that verdict be reached. He then sent the jury out again to confer further and stated that if they return ed again with no verdict he might have something more to say.
 A large crowd fingered about the court room during the evening await ing a verdict or the discharge of the jury. It was not until 12:12 this morn ing that the jury next reported, after having been out about seven hours. Again a disagreement was reported, and this time Judge Roraback quoted to the jury the instructions given by the judge to the jury in like circum- stance in the case of the state against Chip" Smith, who some years ago murdered policeman in Derby. The case is reported in the Forty ninth Connecticut. Judge Roraback said in again instructing the jury:
 This case has taken a good deal of time, and it is in the interests of jus tice that it should be determined. It is the right of the accused and it is the right of the state that this should be done if possible. There are certain principles relating to the duty of jurors which I will state to you. Although the verdict to which each juror agrees must, of course be his own conclusion and not a mere acquiescence in the conclusion of his fellows yet in order to bring twelve minds to a unanimous result the jurors should examine with caution the questions submitted to them and with due regard and defer ence to the opinions of each other. In conferring together the jury ought to pay proper respect to each others opin- ion and listen with candor to each oth- CTS arguments. If much the larger. number of the panel are for convic tion a dissenting juror should consider whether the doubt in his own mind is a reasonable one, which makes no inn pression upon the minds of so many men equally honest, equally intelligent with himself, who has heard the same evidence, with the same attention and with equal desire to arrive at the truth and under the caution of the same oath.
 And on the other hand, if a major ity are for acquittal the minority ought seriously to ask themselves whether they may not reasonably and ought not to doubt the conclusions of a judg- ment which is not concurred in by most of those with whom they are associat- ed, and distrust the weight or sufficien- cy of the evidence which failed to car ry conviction to the minds of their fel lows.
 "Under this circumstance I shall ask you to give this case further and most careful consideration. You may return again to the jury room."
 The jury then retired to the jury room. At 2:05 this morning, when the forty or fifty persons who still remain ed in the court room were making heroic efforts to keep awake, Judge Roraback entered the court room from his private room, where he had been conversing with State Attorney Will Hams, MT. Barbour and MT. Chase. He ordered the jury to be called into court. A few moments after the jury men filed in, looking tired and sleepy. After the roll call by Assistant Clerk Fowler of the superior court Judge Roraback said:
 MT Foreman, is there any probabil ity of your reaching verdict?"
 T hardly think there is,' responded Foreman Doolittle.
 Judge Roraback then said: AS have said that it is important that verdict be given by you, if possible, without allowing you to separate, I shall let you remain in the court house in charge of the sheriff, and if at 10 o'clock this morning you have reached a verdict will be ready to hear it. You will be provided with cots and made as comfortable as possible, and will be furnished breakfast at the expense of the state. MT. Sheriff, you may adjourn court until 10 o'clock this morning"
 The jurymen then filed back into the fury room with evident reluctance and made themselves as comfortable as possible during the remainder of the night No cots were furnished and they were obliged to sleep on chairs. the floor or where best they could in the jury room, which was guarded by Deputy Sheriffs Koon and Pomeroy
 Judges Charge to the Jury.
 It was about 4:3O o'clock when Judge Roraback rose to address the jury. At that time the court room was filled with the largest crowd which has yet been in attendance at the trial on any one day Judge Roraback in begin ming his charge spoke of the fact that the prisoner at the bar. George R. Hodgdon, was charged with the crime of arson on two counts, and that there fore the instructions must be on two counts. He defined the counts as, first,