The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-27
JURY FAILS TO AGREE
It Is Improbable That It Will Sue
coed in Reaching a Verdict.
mi MAN REFUSES TO TALL
He Will Not Discuss Any Phase OF the
Big Mining Cause.-The Jurors Have
No Expectation of Arriving
at q Verdict.

W. d. Fenner. F. L. Grandey. z. w.
Hill. Frank CHASER, J. II. Gilbert, A.
Ducharme. Theodore Hennessy. Michael
Jette. ]. L. FAINT, John Eakins. James
Mcdonald. N. Jubinville.
Those are the Jurors who have been
imprisoned for the past month listen
ing to the evidence and the arguments
in the mining suit. and who are still
shut up, unable to agree on a verdict.
When Judge Knowles in his charge to
the jury aid he would shorter and
simplify their labors by deciding every
point himself except the amount of
damages to be paid. he didn't seem to
shorten the labons to any appreciable
extent after all. He may have been
comforting a v on them, but IL would
have been a greater boon to the jury.
at least. could he nav taken the Ques-
ton OF the amount of damages also out
of their hands. II the jury finds such
difficulty in agreeing on the amount
of damages, when would they ever have
agreed had the entire matter been left
to them?
The members of the jury were treated
pretty well during the trial of the case,
but now they are having real hard
ships. They had been sleeping during
the trial in the Butte hotel. but Friday
night they were kept shut up in the
jury room. and had to sleep. IL sleep
they could, on chairs or on the floor,
without blankets or pillows. They were
allowed nothing in the way OF recrea~
ton. Cards N books were denied
them. They are fed at the hotel. as
usual. but outside of their meals are
kept locked up. Each morning during the
trial the jurymen had six Standards and
two Miners to read. and each evening
they had two Inter-Mountains. All ac-
counts OF the mining case were, of
course. cut out of the papers. But
yesterday morning they were allowed
nothing 10 read but the instructions of
the court.
During the long night the members
of the jury discussed the matter before
them very little. If n is to judge from
the quiet which prevailed in the jury
room. They had no report to make
when court opened yesterday morning,
and were not called into court.
1t 2 o'clock yesterday afternoon
Judge Knowles summoned the Jury into
his presence. They looked as though
they had had a hard time. Some had
a determined look. as though they
would hang out forever. Others looked
as though they would agree to anything
and De glad of IL. All looked tired,
sleepy n worn.
Who is you foreman?' demanded
Judge Knowles.
w. d.. Fenner rose to his feet from
the end of the front row.
Have you got something for me?"
Yes, SIR"
That what we want
Mr.. Feener handed the court a docu-
ment. Judge Knowles scrutlnized 1t a
moment. and then said:
This is simply a statement that you
can't agree. Gentlemen of the jury.
you must agree. You hav been here
five weeks. and You must decide this
question before / can let you GO"
Juror John Eakins rose to his feet.
May IL please your honor, ] have
been sick since l have been sitting or
this case. ! ant stand 1t. We can't
] am all broken up, may 1t please your
honor"
And he looked Il.
Let me say a word" said Juror Hen
messy, rising to his feet. my wife has
just been taken home PROSTATE from
the funeral"
'I've been as kind as I could. Mr..
Hennessy," said the court.
Il am thankful for what you have
done. but my wife is barely alive"
Gentlemen. / think you should agree.
Look at the time the court has spent i'm
the trial Of this case! 100 at the
expense both parties nave been to!
While / appreciate that this is a dis
agreeable duty. yet you must recognize
the fact that it is one of the duties OF a
citizen to perform jury duty. can see
no reason why the jury shouldn't come
to some agreement on this question of
damages"
The jury then returned to their room.
Judge Mediation then asked the Judge
to dissolve the injunction in the sui of
the Boston and Montana company VS..
-
the decision of Judge Knowles having
been reversed by the Supreme Court.
Judge Knowles said that the mandate
of the Supreme Court itself dissolves
the Injunction. but he would issue an
order to that effect IL desired. Mr..
said he would apply for leave
to file an amended complaint in that
case on Monday.
UNLESS the jury agrees ! shall be here
on Monday" said Judge Knowles.
1t remains with YOU honor as to
how long you will keep this jury" said
Judge Mediation. "but ! do not see
hope of their agreeing"
"Oh. I don't think they will eve
agree said Judge Knowles. But 1
shall keep them for a while. Mr.. FAX
ins Is really very sick. and had a doc
tor once or twice. 1 think ] will let
him go TO the hotel to sleep tonight"
The question Of damages Is a very
elastic one" said Mr.. Forbis. and they
agree on something. We will
pay the expense of keeping the jury to-
They certainly can't tell I'm
20 hours that they can't agree. II il
time &c discharge them yet. it seems
TO me-"
"As to these models and exhibits"
aid Judge Mediation. Il suppose each
party can withdraw its own"
Il am willing" sai Mr.. Forbis. pro
vided we can have copies Of all your
and plans. We will let you have
of ours"
This was agreed TO. and the court gave
for the relics and debris OF
the great mining battle to be removed
morning from the field Of con-
aict.
Late last evening the jurors. COM
pletely tired out. laid down on the foor
~ the jury room to sleep until norm
Ing. One OF them. being sick. was al
to 20 to the hotel IL is not
thought that there is any possibility Of