The sun., 1898-12-18
JURY CAN'T AGREE
il Instructions Relative 10
Ority's Right to Aid
llinOrily in Agreeing.
FAIL TO COINCIDE
led That Vote Now Stands
\ / to ] for Conviction.
&ht Into Court Yesterday After.
y for Further Instructions
rom Judge Bradford Some
Want a Discharge While
d One Member Says No.

ANRO AIAV"N ~ b10NAOAAs
n jury disagrees so far in its delib.
|ps. They have now been out ovel
y-four hours and have failed tc
M q verdict.
Sterday afternoon the jury sent q
munication to Judge Bradford, the
Vance of which was q request for ad.
as to how far the views of the
krity could be used in aiding the
brity in arriving at verdict.
ne communication also asked
ther the Court had any further in.
ctions to give the jury.
me jury came into court, was given
instructions and again retired. At
clock last night the jurors suspended
work and went to bed on the cots which
nd been provided. Kenney's fate is yet
Unknown.
n Judge Bradford was at the Federal
Building for greater part of the day.
n Shortly before o'clock he received the
Il Communication from the Jury. The
Il Judge Immediately had District Attorney
Lewis G. Vandegrift, aud Senator Ken.
ney and counsel notified, at the same
/ time sending word to the jury that he
would haye them come into court where
in presence of the defendant and counsel
n for both sides, he would give them the
desired information.
| Senator Kenney, who is stopping at
IK*the, Hotel Wilmington, came to the
nT6deral Building in company with Levi
Bird and Mr.. Kenney's private secre-
kry, Adjutant- General Garrett J. Hart.
"a 4r. Biggs was the next to appear, while
I! athe district attorney was the last to ar
SHfive. .,.
FS The defendant, with counsel and Mr..
fSVandegrift, took the seats occupied by
q each respectively during the long trial.
Judge Bradford was already on the
bench when the bailiff appeared at the
head of long line OF sleepy looking
men-the jurors-who in Indian file
Silently entered the room and mounted
Nthe jury box.
n United States Commissioner S. Rod
Hmond Smith called the names of Jurors
k35 o'clock as follows: 49,.
6hn Galloway, Of Little Creek
yl. red, Sussex county, foreman;
6rge Reynolds, Cedar Creek; Richard
@ Pilling, Mill Creek; Andrew T..
Ehomas, Cedar Creek; William G. Bryan,
Wilmington; David Rees, Kenton; James
yH. Price, Wilmington; James Hossinger,
White Clay Creek; Frank r. Carswell,
Wilmington; Samuel H. Baynard, Will
mington; Samuel E. Matthews, Gum
boro; William J. Cannon, Seafard
Judge Bradford addressing the jury
said that he had received a communica-
tion from the members of that body ask
ing to what extent the views of the md
jority of the jury could be used in aiding
the minority in arriving at a verdict.
The communication also asked if the
Court had any instructions for the Jury.
Judge Bradford said, Gentlemen, If
any Juror, who, after consultation with
his fellow Jurors has reached fixed con-
clusion and that is fixed conclusion
from which he will not change, then that
Juror would violate his oath in chang
ing" Judge Bradford said he thought
/ he had made these instructions clear in
his charge. a..
''Your verdict should be uniform. ut
Ishould represent the opinion of each
member Of your body, after an intelli.
Sxent and conscientious comparison and
Ec6nsideration in the Jury room of the
views OF the individual Jurors. Your in
kvestigation OF the evidence should be
marked with due deliberation and your
minds should remain open to conviction
by arguments which commend them
k,selves to your judgment. The very OBJ
EJECT Of the jury system is to secure un-
pnimity through comparison of the views
md through argument among the Jurors
themselves.
"If large majority of the jurors after
deliberation in the Jury room, differ in
their conclusion with the minority, it is
proper for those composing such minor
ity, in view Of the fact OF such differ
ence, to review the grounds of their own
sconclusions in order that, if possible, un-
animity may be reached in accordance
with the principles OF law heretofore
laid down. But no Juror should ac-
ouisce against his individual judgment
in the conclusions reached by other
jurors, whether constituting. majority
or minority Of your whole body. For
your verdict must represent the real
opinion and judgment of each member
"With respect to your request for in.
structions have to saw that If you or
any one of you desire further instruc-
tions on the law in the case, make such
known to the Court and the Court will
send it to you. Or if you or any one of
you desire the charge re-read, make it
KNOWN and the Court will re.read it,"
The jury did not wish any instructions
Mn law or did not desire that the charge |
[bhould be re-read.
Juror Price, who ID secretary. Of the
bury, addressfng the Court, said. May II |
|bIeale your honor, Il m expfelDion from |