Waterbury evening Democrat., 1903-06-18

serene as ever. Then the judge took
 his seat on the bench and the jury filed l in. The jurors having been called, they
 were asked the customary question: "Gentlemen of the jury, have you agreed upon a yerdict?' and the an
 swer, short and decisive, came: "We have not"
 There. was tone in the voice that l indicated a hopelessness of effort to agree.
 Judge Thayer pondered moment
 and then asked if the gentlemen of the jury desired any further instructions, to which the foreman answered in the negative. The court regretted this. He was sorry they were unable to come to an agreement. The case was thor l oughly tried by competent and able Ecounsel. Every light possible that could assist the jury was thrown upon l the case, The case had taken good
 deal of time and it was desirous that 1 an agreement should be reached if pos l sible.
 Do you think you can come to an l agreement?'' asked the court .s T do not" said the foreman, Charles $. Gillette,Sa farmer in Cheshire. The Jury Sent Back. Judge Thayer col1ld then and there 1 discharge the jury if he cared to, but
 he thought another trip to the seclusion
 of the jury room would have some good He was right. He thereupon or s-, oY,H
 more the disappointed crowd was left to amuse itself.
 The disagreement threw new fea- ture on the case. Tn the concluding words of his charge to the jury the court spoke to the effect that if Vol colt was considered an accomplice his evidence should be disregarded. If he
 was not an accomplice his evidence
 should be considered. The disagree
 ment. therefore, showed there were some jurors who considered Wolcott not an accomplice. His evidence would therefore incriminate Brearton, Ross and Mcclure. and his evidence alone, for Ennis did not duplicate them. He did not see them at the track or switch, and he saw the Vandemarks down on fhe lower Waterville road only. Ex
 cluding Wolcott's and Ennis's evidence the juryewonld have left only that of Merna and Morrisette, and MT Hamil- ton pointed as clearly and dramatically as possible that MT Danaher confound- ed Morrisette in his Identification until there was practically nothing left of it. How then. could a jury bring in a verdict of guilty? everybody asked everyone else. It was like political | questions, and groups and noise. Everybody had his own idea of what disagreement meant, but counsel for the accused looked at 1t in business way and concluded there were some jurors who would find Brearton, Ross and Mcclure guilty, notwithstanding all that had been said about Wolcott and his evidence.
 Suddenly the building was plunged almost in total darkness. Only light in the court room proper and the corri- dor on the first floor was left Even the Judges room was included in those. rendered dark. All clerical work was made impossible and reading was out of the question.
 The sheriffs scrambled quietly for the accused. but the latter was not aware that darkness had come to portion of the building, for they were in the main room apparently enjoying themselves. 1t was at, this point that Janitor Magraw of the court house got in his fine work He had Electrician Brady on the spot i'll 8 few moments and as suddenly as he lights went out they went in again. The change from light to darkness and darkness to light was so sudden and unexpected that a magician seemed to have been at work.
 Fr1it For the Prisoners.
 Then it dawned upon the women folks that they were getting hungry and they lost no time in providing themselves and their friends with lots of fruit It was the first time in the history of any court in the state that it was for a time transformed into picnic ground or lunch room. The sight of the women eating made everybody else hungry and a scramble was made for convenient places of refreshment. Even Attorney Kennedy, stout and hearty as he Is ran with the crowd, and Attorney Hamilton tall and Ianky, stepped over peoples heads. Attorney Kellogg contentad himself with a sandwich and a$scigar and Mir Will Hams thrived on 2 glass of water.
 Judge Thayer occupied his lunch hour writing his charge to the jury and no one saw him leave the room after the jury retired, so the presump- ton is that he lasted the whole day from breakfast
 Hour after hour went by and nothing was heard from the jury room Sheriff Sweeney kept his post at the door like a, faithful sentinel, admiring his beau tiful feet which he placed on the wit ness stand. But they refused to testi- fy. The o'clock bell brought no re- lief to the weary. waiting crowd. The striker prisoners complained of an aching void in their stomachs and Gla.arife --- Il.,x, 4,s..,a