Evening journal., 1902-10-01
JURY IN FAHEY
CASE STILL OUT
Had Not Reached a Verdict
When Court Took a
Recess at Noon
NO WORD FROM JURY ROOM

Civil Business Was Taken Up Today.
The Contested Liquor Cases Will
be Heard Tomorrow Morning---Ser-
vices Secured on Mr.. Lindsay
The jury in the case of Patrick
Fahey, charged with subornation Of
perjury. did not reach a verdict this
morning. There was no word what
ever from the jury room all morning.
Court took a recess at u o'clock until
2.SO this afternoon. Patrick Fahey
the defendant. was in the court room
all morning. When court adjourned he
and Warden Meserve left for the Clay
ton House. where they took dinner.
Chief Justice Lore delivered the charge
Of the court to the jury IN the case OF tho
State VS.. Patrick Fahey, charged with
subornation Of perjury, yesterday after
non. There We're many persons in the
court room at the time.
Additional importance was given TO the
charge because OF the fact that the Fahcy
case is the first involving perjury and
subornation Of perjury that is recorded In
the Delaware law reports. The charge OF
the court dealt with questions OF law, and
should be given TO the testimony OF a per-
iured witness rested entirely with the
jurors.
Chief Justice Lore read the charge at
2.30 o'clock. The charge was an unusual
~ long one aud at the conclusion, Chief
Justice Lore said;
1.-The case challenges your most careful
and conscientious consideration. IL Is
your duty alike 70 see that the innocent
are acquitted and that the guilty are con-
victed.
III, therefore. from the evidence in this
case, you are satisfied beyond a reason
able doubt, that Patrick Fahey suborned
or procured Frederick Vansant TO COM
NIT the crime OF perjury, as charged in
me indictment, your verdict should be
guilty. on the other hand, should you
not be satisfied from the evidence, It Is
your duty TO return verdict Of not
guilty"
At 2.l5 o'clock the jury retired to delib-
crate. 1t had reached no conclusion by
o'clock. and had sent no word to the court
so a recess was taken until o'clock last
night
At that hour Chief Justice Lore and
Judge Boyce were on the bench Bailin
Leach was instructed by the Chief Justice
10 notify the jurors that the court wa,
prepared 10 receive any word they nigh
care to impart. Bailim Leach reported
after emerging from the jury chamber
that the jurors had no response. Thei
the Chief Justice ordered a recess until a
O'Clock this morning.
Among those I'm the court room wer
Attorney Ward and Deputy AT
torney-Gcneral Richards, for the State
John Biggs ana Samuel S. Adams Jr.
FOR htc defense. Dr. John q. Fahey. Clerl
OF the Peace QuiEley, and many friends O
Mr.. Fahey anxious TO learn the verdict,
"a III. H.
was sworn IN by order OF the court 20 as
b sist Bailin Leach over night.
Attorney General Ward cleared IN
; criminal docket for the September term O
p court yesterday afternoon.
The case Of Jesse X. Jones. charge
with criminal malpractice, was continue
until the next term. Tho jury disagree
= on the first trial.
The attorney general entered a noll
q prose- in the cases Of Bernard j. Move
and Dolly Taylor, charged with conspirin
to spirit from the State Rachel McHenr.
a girl who was desired as a witness I'm
Z case against the Taylor woman in Cit
Court.
owing to the absence Of a material wit
II ness. the case Of William B. Fuhr. nc
- cused OF conspiring 10 obstruct the cours
y OF justice. was continued until the No
q vember term.
/, Attorney General Ward entered a nol
= PROSE- in the two cases against Corneliu
u Lucy. charged with selling liquor on Sur
. day.
u SUPERIOR COURT BUSINESS.
In Superior Court this morning u
case of Maria PerillO VS.. tho Dclawal
Granite ard Mining Company, was di
continued until the November term.
Harvey Whiteman and Charles
Evans. representing the plaintiff, el
I deavored to have the case tried at tn
= term. AS there Is a large number (
italian Witnesses. and most all the te
timony will have to be interpreted, Il
court thought It not likely that the ca
Y would be concluded by Saturday,
q discontinued IL until next term.
The court announced that the co
tested LIQUOR cases will be taken up
morrow morning. There are five co
tested cases. as follows: Edward Coo
,e John Fleith. John c. Lannery, MorI
's Leshem and Joseph II. Massey.
ly In all the damage suits against 4
n JessuD and Moore Company, growi
out of the recent explosion, leave
Y amend return was granted the plal
,e tiffs.