The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-06

and Powers.
Guilty Not Guilty
First Ballot ..... 6 q
Second Ballot -. 5
Third Ballot 80. 5
Fourth Ballot -. 4 s
Fifth Ballot 80. 4 s
Sixth Ballot -. 3 9
Seventh Ballot :. o IL
Those figures illustrate the varying
er j. NJ. Stout. The seventh ballot
made him free man, and he walked
home on the arm of Attorney Ellis in
peace and content.
Mr.. Stout beamed and smiled in
happiness when he heard the verdict
of the jury. He made no demonStra-
tion nor remarks. He accepted the
situation calmly and coolly, but a
change had come over him. and it was
marked upon his face. Where hereto
Indifference, look of happiness spread
over his countenance when the verdict
of the jury was announced.
That is the end of the four days
trial. and attorneys and court, as well
as the officers of the court, feel relief
that the case is ended.
But it was not without long and ar
duouS work and discussion that the
jury arrived at this verdict. II was
not brought in until 1920 last night,
and since $50 the twelve men had been
out of the courtroom. considering the
case. When they retired, Judge Mar
shall instructed Marshal Miller to take
them to supper. saying he would not
return until 7:30. In charge of the
ate supper at the Kenyon and then
came back to deliberate in their little
room in the Dooly building.
The large majority of persons who
had listened to the evidence believed
that there would be an immediate ac-
quittal, so that as the hours sped by
and no verdict was brought in. the
opinion grew among those who hung
about the marshal'S Office and the
courtroom that there would be dis
agreement. Through the open windows
of the Jurors room the twelve men
could be seen, engaged in heated argu-
ment and much gesticulation. At IL
O'Clock they announced that they
wanted further instructions from the
court. Judge Dickson of the defense
was hurriedly sent for and the jury
came into the courtroom.
More Instructions Wanted.
Foreman S. c. Ewing said that a
difference of opinion had arisen as to
whether or not Stout could be found
guilty upon other charges than the
forgery of the Hedges note. Judge
Marshall amplified his formed state
ntbaT ha
considered as to intent alone. They
could not find Stout guilty unless they
found the Hedges note to be a forgery.
I Then they went back to take the sew
enth ballot
Had it not been for these instruc-
tions of the court" said one of the ju-
rors. there would have been a dis
agreement"
1t was but a short time then until the
jury notified the bailiff in charge that
verdict had been found.
Have you reached a verdict" asked
the clerk, when they had come in.
I'VE have" said Foreman Ewing.
What is your verdict, Mr.. Fore
man."
I'VE find the defendant not guilty"
The written verdict was handed to
Judge Marshall. and after the clerk
had asked the jurors if such were their
verdict, and they had answered affirm
atively, the court discharged them.
During the time the jury was out
Mr.. Stout had remained in Judge
Powers office in the Eagle block
awaiting the result
Il felt certain all the time that
would be acquitted" said he. Il didn't
believe there would be a disagreement
1 did not think that the delay meant
! disagreement, for I'm innocent and
I knew that the jury would reach that
decision
Expected By Wightman.
Bank Examiner Wightman who in
stigated the action against Mr.. Stout,
was not crestfallen, for he had more
than half expected a verdict of acquit-
tai.
When our main witness, Hedges.
broke down by denying his signature
in the book of the bank, / had little
hope" said he last night. Il believed
that Mr.. Stout was guilty, and l be-
lieve it yet. The charges in the Bailey,
Sleater and Tempest matters were suf-
ficient to convict him. But when the
court ruled them out we had little more
than the forged note and Hedges, who
was very poor witness, to stand on.
'I can't say whether or not there will
be any further action on these charges
That is matter for the future
Mr.. Stoutt's Testimony.
When court opened yesterday morn
| ing Mr.. Stout was on the stand, to
continue his direct examination. He
maintained the same easy demeanor
| and confidential tone toward the jurors
| that had been noticed when he first
went on the stand.
He leaned back in his chair in an
easy. Indifferent manner, and managed
| to address all his remarks 10 the jurors,
| instead of to the lawyers. In fact, he
was the least concerned and the least
strained of any witness who has testi-
| fed in the case. His tone of voice, his
| gesture and his manner were confiden-
| tial, so that the jurors listened to him
with eagerness.
"Say whether or not Jones consulted
with you concerning the report to the
comptroller of the currency dated July
H." said Judge Powers.
HE did not" answered the witness.
did he speak of the Sleater or the
| Tempest accounts, and did you tell him
] to leave them out?"
He positively did not. 1 didn't say