The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-10-18
JURY DIDN'T AGREE
FIRST POSTAL FRAUD CASE WAS A
MISTRIAL.
TRIAL LASTED FIVE DAYS.
WASHINGTON OFFICIALS ASSISTED
IN PROSECUTION.


Miller Had Any Connection With
Dealings Between Johns and Ry-
nn-FHniIies of Defendants and
Friends in Court Room When Re-
suit of Trial WINS Announced.
Jury Was Ont six Hours and n
for New Trial.
Cincinnati, Oct. 1.-THE jury in the
case of Daniel Voorhees, Miller and Jo-
seph NJ. Johns, on trial in the federal
court here all week on the charge of
alleged conspiracy to extort bride, re-
was unable to agree, and was dis
charged by Judge Thompson.
The trial attracted unusual attention,
as it was the first one under the many
recent indictments for alleged frauds in
the Postoftlce Department. Four days
were devoted to the taking of evidence,
and the fifth day to the very vigorous
arguments of District Attorney Sher-
man Mcpherson and Assistant Thomas
II. Darby for the government, and Hi
ram D. Rulison and Charles w. Baker
for the defendants.
Gen. Cochran and others from Wash
ington were here assisting in the prose-
cution.
The scenes in the court room at mid
night We're somewhat dramatic, as the
members of the families of the defend
ants and their friends from Terre Haute
and Rockville and other parts of lnd1-
ana gathered around them.
The jury considered the case for six
hours and a half. 1t was undisturbed
from o'clock until ITO tonight, when
Judge Thompson sent for it and the
jury asked for further instructions
Judge Thompson then told the jurors
that he would instruct them about any
matter of law, but that they must set
tie matters of facts among themselves
He directed the jury to retire again
and submit it's request for turtner IN
structions in writing.
At 1875 o'clock the jury came In
again and in writing reported as fol-
lows: 1--WE find that we are unable 10
| agree upon a matter of fact.
Judge Thompson then question the
Jury as to the probability of reachlng
| an agreement and on being advised that
| there was no SUCH pIODdDiAltS Ni'AAONN
additional instructions he discharged
| the Jury from further consideration or
| the case.
While there were unconfirmed re-
ports that the jury stood Z to for
| conviction, it was generally under
! stood in the court room that the jury
was unable to agree on the matter of
| fact as to whether Miller had any
connection with the dealings between
| Ryan and Johns, or as to whether
! there was any conspiracy between the
| defendants.
The defendants renewed their bonds
| for a new trial and District Attorney
| Mcpherson was unable to state whether
| there would be another hearing of the
| case set for the present term of court
| While neither side indicated any graft
| fication over the result it was evident
| that the many employees of the gov
eminent who were present were dis
appointed
Cincinnati, Oct. 17.-Arguments were
concluded to-day in the bribery trial
of D. V. Miller and Joseph NJ. Johns.
The families of the defendants were
present. The case went to the jury
shortly after o'clock. At 10 o'clock
tonight the jury was still out There
are no indications that the jury will
report soon.
Addresses were made TO the jury Dy
Assistant District Attorney Darby and
District Attorney Mcpherson for the
government and Hiram d. Rulison and
Charles W. Baker for the defendants.
Assistant District Attorney Darby
insisted that the letters and kilograms
that passed beween the defendants and
others showed an understanding be-
tween Miller and Johns, and all that
Attorney Johns knew that could be
of service to Ryan d Co.,
or any one else, came from
Miller. Darby insisted that Johns
in delivering the goods and collect
ing" represented Miller, who was at
the time federal official.
Attorney Rulison contended that not
one cent of money from Johns ever
reached Miller and that there was no
understanding between the de-
PENDANTS in the nature of a conspir-
acy. If Johns buncoed Ryan, Miller
had nothing to do with it. Rulison said
that there was nothing to show a
bride to Miller. He held that the con-
spiracy established was that of making
a scapegoat out of Miller in which
trial gamblers and thugs" had been
used as witnesses. Rulson insisted
that Miller had been treated unfairly
in the sweat boxes" at Washington.