The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-29
JURY COULD NOT AGREE
The Mining Case Just Where It
Was in the Beginning.
GAMBLE IN COURT
b Plaintiffs Were Willing to Accept
b Lowest Sum Named for Dam
ages but the Court Would
No Allow II.

80 -, "a tdEt
filed into the United States court room
at 2 o'clock yesterday morning they
looked like a lot of school boys who
expected 10 be whipped and were WILL
ing to take IL 1t was pretty generally
understood that the jury la not agreed
and o not agree and there were
some who expected that Judge Knowles
might undertake TO punish them and
compel them IL he could to obey his in
structions. Some anticipated that the
jury would be kept for weeks, il neces-
sary. but 1t was the general view that
the jury would not he held much longer.
Before the jury filed into court at 10
o'clock yesterday morning Attorney
Louis Marshall, for the plaintiffs, arose
and said:
May your honor please, we are very
anxious that a verdict should be reach
ed in this case. The trial of this case
has cost a great deal of money, and the
plaintiff has felt that il is entitled TO
large damages. There is a possibility
that the jury is really not able to agree
on III amount of damages and the
plaintiff is willing to accep. the mini
mum amount. We asked for $3.50. 600 for
the ore extracted. The defendants adj
init that the value of the ore extracted
was s17,00 That is a very low valua
less certainly than the ore
was worth. But we are willing to ac-
cept that amount. We have gone to
great expense to secure an accurate
knowledge of the value of the ore ex-
tracted and are sure our figures are
nearly right, but as the jury is unable
to agree on the subject and we don't
wish a mistrial. we will make a waiver
or all damages in excess of the amount
named by the defendants. II the cues
ton of damages is not settled IL will be
necessary to try the case all over again,
involving another large expenditure of
money. We move that the court in
struct the jury to bring in a verdict
for 81, 900 damages
II am not able TO understand said
Judge Knowles, why the Jury should
ave been out three days and been un-
able to reach a conclusion. A for your
motion, 1t looks to me as If you had
come into court and gambled on a large
verdict and having lost were willing to
accept what III defendants offered. We
cannot permit gambling on the jury's
verdict"
You have already decided that we
are entitled to the ore and all we ask Is
the value of the ore as admitted by the
defendants themselves"
Judg Mediation started to speak on
-, sttoRN'i III t1' htItIlt1dUlS, Jul
Judge Knowles stopped him.
Il have already overruled this mo-
tion," aid Judge Knowles" n there
is no occasion to hear you on the sub
ject."
Then the jury was called In.
"Have you arrived at a verdict"
w have been unable TO arrive at n
verdict, your honor" said Foreman w.
d. Fenner.
do you think you will be able to
agree?"
There is no possibility
What do you say, MIR. Eakin?"
1T seems to me that there Is no
chance of agreeing. l am sorry for IL.
but IL is So"
II think you ought to agree" said the
judge. 1T is a very easy proposition
has been submitted to you. II
seems 10 me that there are some men
on this jury who are not disposed to do
what is right and fair under any cir
cumstances. I discharge you" this last
with a wave of the hand, and the jury
out.
This leaves the case precisely where
" was before the trial began. The
were willing to accept the low
est sum named. being satisfied with the
benefit to them of a decision in their
favor for it's effect on other suits. But
the jury. 1t is pretty certain. would not
have returned a verdict Of 81 for the
plaintiffs. The members of the jury are
very close-mouthed on the matter.
there Is gossip on every street
corner and i'm front of every saloon. yet
the jurymen themselves do not say a
For Gods sake. leave us alone" sad
one OF them. I'VE have had trouble
Don't ask us to saw a word
about II, for we won't do il. The Judge
us this morning and we don't
to get into any more trouble"
The gossip pretty generally agree that
he majority of the jury were for the
and would not agree on any
for the plaintiff. The difficulty
not in agreeing on the amou1 1T of
damages. but in accepting the Irstruc-
ions Of the judge at all. Some Of the
yossip Is to the effect that the Jury stood
70 TO 2 for the defendants Others make
!, guess that Il was unanimous at first.
,ut that afterward some were willing
o agree to anything. But as a mater
,f fact. only the jurymen themselves
Snow how they stood and they may
yet into trouble IL they tell, and SO are
likely to keep quiet.
The jurymen received 81 per day for
,ach day they served. The amounts re-
'eived varied from S64 to $40. some hav-
ng been summoned several DAYS be-
the suit began. The total amount
paid the II Jurors vas $3.50. In addition, I
heir board bill came to 81. 800.