The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-12-19
JURY ASKS FOR
INSTRUCTIONS.
Juror Baynard Informs the
Court There Is No Pos
sibility of An
Agreement.

brought In the jury. Judge Bradford
upon taking his seat said: .-
Gentlemen Of tho jury, have received a
communication from you, asking whether
the court has instructions to give you ind
I TINT the court instruct you regarding the
| weight to be given to the views Of tho
majority In aiding tho minority in arriv-
ing at result in this case. Any juror
who, after full consideration OF the case.
| in consultation with Ills fellow jurors.
has reached fixed conclusion, and whose
! conclusions shall remain SO fixed, would
/! violate his duty and oath In voting for a
verdict In opposition to such fixed concla-
sion.
| had supposed I had made that point
/! sufficiently clear In the charge Of the court
| which, with respect to that matter reads
| as follows: Your verdict should represent
tho opinion of each Nqember Of your body
after an Intelligent and conscient ious COM
parison In the jury room Of sho views OF
the individual jurors. Your investig CATION
of the evidence should bo marked with
due elaboration and a verdict he reached
through arguments Of ceunciI which COM
mend themselves toyour Judgment and
through arguments among the jurors
themselves.
Alarge majority Of thu jurors, after do.
liberation In the jury room differ in their
conclusion with the minority, 1t h proper
In WOW OF the fact. to review the ground
of their conclusion in order that. II posi-
BILE, unanimity may be reached IL, Accord
ance with the principles of law hereafter
laid down. But no juror should acqshesce
against his individual Judgment IA COIL
illusions reached by the jurors, whether
constituting majority or minority OF the
body, for your verdict must represent only
the opinion and verdict Of each moinber
Of the jury.
snow, with respect to, your request
for instructions, have to say that II you
or any ono Of you desire further instruc-
tiOns upon the law of the case you should
mako that desire known to the court and
the court will, as soon as possible; send
for you ard give you such instruction
Or. IL you, or any one Of you desire that
tho charge of the court will be re-read to-
you, upon making known to the court
such desire, the court will forbh-with re.-
read to you the charge.
Is ittke desire Of the jury to have fur
tberinstructlons upon the law Of this case.
or is 1t the desire of the jury on any one
member of tho jury that the charge OF the
court which was read yesterday, should be
re read to YOU now"
Juror Jane, H. Price arose and said.
'1fit please your honor, II a, STATEN emit
will be in order from member of he Jury
would like to state that ono member of
this jury
He was interrupted by Judge Bradford,
who said; No, no you WON'T 60 into
this" 49,.
Juror Baynard staten that itwns an ut.
ter imposslbility for the Jury to agree.
II believe this jury can be made to agree
said Juror Carswell In an emphatic man.
ner.
II don't think the stage has yet arrived"
said Judge Bradford ''whon 1t would bs
proper to discharge the jury and certainly
not without tho consent Of counsel on both
side. As far as the court is concerned,
the stage has not yet been reached when
1t would be proper in, the Judgment Of
the court to discharge the jury. I have
already intimated to you what the court
| Is willing to do upon the expression Of any
desire Of your body or any individual mem.
| ber. That Is all that the court can do at
present So II there Is no desire upon these
points the only things which remain is
for you to retire to yopr chamber.
Several OF the jurors said they did not
desire to hear the charge again.
| Judge Bradforl-''If thare is no desire
expressed the court will not read it."
Juror Baynard then said: "The question
our secretary was going to ask your hon
or was whether it wos possible for him to
announce to you the utter impossibility Of
our agreeing and to get your favorable
consideration for a discharge"
"Geptlemen, in case of this Import
ancs 1t would be an uuhcard.of practice
to discharge jury ut THE STAGE" replied
tho court.
"We were going to make the applicable
added Juror Bnynard. 'only IN view Of tho
absolute certainty Of disagreement. There
are men here who arc Kept AWAY from
their homes and business. They may 60
out again md have several more days Of
detention"
This ended the ccnvorsation with the
jury, and Judge Bradford stated that Mr..
Bird had spoken to him about cots for the
jurors and that they would be provided.
Cots were brought into the Federal
building on Saturday night. They were
placed in the corridor and the jurors slept
! on thom while Deputy Marshal Clark
and Hawkins watched at each end Of tho
corridors, so that no one could got near the
mon.
As far as could be ascortaiued from the
walls at tho Federal building the jury Ii
still 10 dead lock. AL! day yesterday moi
word came from the mon. Judge Brad
ford was at his chamber but no message
was received by him.
Report aftor report went floating around
| Inc ClbyJ HS " 'ho oe"hNAhe ~ '"e J"As
One report was that they stood II to fo
acquittal. Where tho information can't
from Is mystery except that tho ate
ments made Ey the jurors in court wer'
accountable for it.
The jury spent last night on tie cots ant
early this morning started anew to tackle
tho case. At 10 o'clock breakfast was serv
ed nnd:when the walters removed the dish
es there were signs that the jurors hai
been hungry.
Before the jury was locked un one q
| Them 6tuteu tunv u.,... ....-
notified their friends to sond their Christ
mas presents 70 tho Federal building.
With the Jury still looked and no way q
gaining any information NIL rumors cal
30 branded as rumors only.
'Ihe defense claimed to three all th,
time nd to day efhe.c to the claim of l.
to for aca .'.attal 5idee Bradford wa
at his Chambers III. day but no request
had boon received from tue j., w.
WILL BE DISCHARGED.
| Tho Kenney jury sent request to o 'ds
Bradford to-day ard the request to bn ds-
charged this afternoon will II is under.
I - 7 I.