Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-11-26

PN'FNf''''''s
The jury brought in verdict at 4:05
o'clock Sunday afternoon after being
jury stood 10 for conviction and two
for acquittal. He was found not guilty
of the two last counts of the indicI-
ment. One charged the unlawful use
Of dynamite and the other the use Of
dynamite In destroying the city build
ing.
The case was given to the jury Sat
urday afternoon at $3.50 o'clock. At
II 30 o'clock Sunday morning the jury
came into Court and announced that 1t
could not agree. Judge Kobler re-
fused to accept this statement as true
and the jury was ordered to retire for
further deliberations. The proceedings
at the time the jury first came in were
as follows:
The Clerk made the following inquiry
of the jury: "Have you agreed upon
verdict, gentlemenT
The foreman of the jury, DR.. Arm
strong, answered.: Eve have not; we
have agreed to disagree"
The Court made the following in
quiry: 'Is there any probability gen
tlemen of the jury, of your being able
TO agree upon verdict?' To which
inquiry the foreman of the jury, an
swered: 81 don't think there is"
The Court then gave the following
instructions to the jury:
II regret exceedingly that you have
not been able to agree upon verdict,
| nor do | wish TO force verdict by
simply keeping you in confinement. but
ii is evident that II men sometime
must determine this question, and do
not know of any II citizens who are
better qualified to carefully weigh the
testimony In the case and come to a
conclusion than the IL men before me.
You were carefully examined before
you were sworn, and were accepted as
| JuIolS NOIE loI lilt
reason that your statements in answer
TO the preliminary questions fairly i'm
piled that you would render an Impair
tial verdict according to the law and
the testimony.
''In instructlng you at the close OF
the arguments | was careful to say to
you that you should consider the tes'
timony in the case, and nothing but
the testimony and the circumstances
of the case.
II instructed you particularly against
allowing yourselves, or any one of you,
to become partisans, or n partisan, Of
either party, and against considera-
tlons OF sympathy or any other consid-
GRAFTON than that of the testimony in
| the case, and, moreover, stated to YOU,
that with the consequences legally
| flowing from your verdict, one way or
| the other, you had nothing to do; for
The further responsibility of admins
etring Justice rests upon the court, and
jurors are simply the handmade Of the
court. SO TO speak to MD the court by
determining questions of fact.
IF jurors go out with the feeling
that their own opinions shall and must
prevail at nll events, and that the ver-
view, or not at all. 1t would bc almost
impossible, In many cases to get IL men
so constituted and so acting To agree
upon n verdict. II Is only when jur-
ors act imp0rtlnlly, without fear or fa-
vor, review the testimony In the case
candidly, reason with each other and
willingly listen 10 arguments ana to the
weight of testimony with willingness
10 he convinced II they are in error.
that verdict can ieyer he arrived at.
81 cannot better express my opinion
upon this matter and my instruction
than by adopting and reading to you,
! as my own instruction and advice.
what was given to Jury In II similar
case by a learned Judge"
The court then read n charge In n
we'll known case.
II therefore, ask you, gentlemen of
the Jury, To lay aside MI bias. favort-
ism or feeling. and every other consld
Grafton, except the testimony In this
ease, and II You do so | am quite con
fident that you win he as able to agree
upon n verdict as any twelve men that
can he selected
This case has already once been
tried, as you have incidentally learn
cd The trial, or result of 1t, however
has nothing to do with your dclibera-
/ 1. 4