New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-04
THEY FAILED TO AGREE.
ACQUITTAL TO FOUR FOR
CONVICTION.

DELIBERATIONS LASTED NEARLY EIGHTEEN
CONGRATULATIONS STEELE DIS
APPoINTED-DooDYs TESTIMONY AN
ELEMENT OF MANIFESTATION
CASE COMES UP ON MONDAY.
The specially selected jury in the WlIs-Philips
conspiracy case. after being out from 4:D o'clock
on Tuesday afternoon till 1918 o'clock yesterday
forenoon. reported that they could not agree on
verdict. and they dismissed. AT the close
they stood eight for acquttal and four for convc-
tion just they stood when they went into the
jury-room The jury had been selected from spe-
cial panel and the result was great dsappoint-
ment TO DistrictAttorney Steele. who does not be-
leve that 1t pays go to the trouble OF selecting
special jury.
AS the Jurors flied into their seats yesterday
forenoon the friends OF the accused men jammed
into the courtroom to hear the result OF their de-
alterations. Messrs Willis and Philips sat with
their counsel. General Tracy and Colonel Lamb
who ably defended them. and they looked worn
out but not particularly distressed After such
long elaboration on the part of the jury they
seemed TO be confident that there would be no con-
viction Those who are familiar with the work Of
the County Court predict that Messrs. Willis and
Philips will never be tried again by District-Attor-
ney Steele.
When the clerk asked Foreman Krapf II the jury
had arrived at a conclusion. Mr.. Krapf arose and
said with shake OF his head: II am afraid that
unable TO agree
us that the sentiment OF the whole jury" asked
Justice Smith. All Of the nodded their heads
in assent.
Il regret. gentlemen" said the Justice. "the ne
cessity of keeping you in confinement for so long
time. but this case, you know. has taken seven
or eight days to try. and was OF great Importance.
felt 1t to be my duty to keep you out great deal
longer than on an a&rage trial. / now think IL
will be cruel and unnecessary to keep you any
longer You discharged. gentlemen"
The jury bowed and started to file out Of the
room. Some of them stopped and shook hands with
the defendants. or with Colonel Lamb; and tnsy
were soon surrounded by an eager lot OF men who
Krapf refused to talk about what happened in the
learned that from the rst vote there were eight
who believed in aegntta while Only f9uT wefe iSs
one Of those who favored acquttal
The thing which had most weight with the eight
largely on the testimony OF Daniel Doody. who
confessed TO so many irregular Transactions tnat
that some Of the jury held that there should be no
conviction. Willis and Philips were doing no
When District-Attorney Steele was asked about
ed-sadly disappointed but am convinced that, no
matter what evidence might haze S proaussd r se
specia-jury panel Is DISAPPOINTMENT 70 me. ana
and the special jurors turned back to the genera,
panel We seemed TO have got some GOOD men ana NO
no h fns' we any than would
Jared at the hands Of an ordinary jury: all ,o~
Mr.. Steele did not say whether he would ask for
a new trial OF the accused men. He old say tnat
the case against A. Lawrence Jensen, charged with
frauduently auditing bill, would be taken up on
Willis now on the bribery charge. 49,
Colonel Lamb was not wholly pleased with b 5ns
hoped that their clients would be acquitted In SNORT
order but they realize that they won two-tnlrds OF
a victory and hs"e made 1t difficult for the county
10 prosecute Messrs Willis and Philips again
Colonel Lamb said he was tired out he ana zen Gen
eral Tracy received many compliments Tor their
skill in defending their clients. - .
Truman ]. BacKus visited District-Attorney
Steele Yesterday. and said: Judge. we are all
proud Of you. and believe that no case was ever
handled better against such odds. $3.50,
Postmaster Wilson said that he never heard
finer summing up than that presented by MI seee
and there were many lawyers who commented IN
the same vein Mr.. Willis said that he had only
respect for Mr. Steele. who had apparently tred 10
do his full duty. He asserted that at no time was
he afraid that the Jury would convict him: as he
had never done anything that would JUSTIFY con-
viction. ~