The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-20

Cincinnati. o., October 1.-THE jury
in the case of Daniel VOrches Miller
and Josh NJ. Johns. on trial in the
federal court here all week on the
charge of an alleged conspiracy to
eXtOrt Il bribe, reported shortly before
midnight, that it was unable to agree
and was discharged by Judge Thomp-
SON.
The trial attracted unusual atten-
ton as 1t was the first one under the
many recent indictments for alleged
frauds in the pOstoffice department
Four days We're devoted to the taking
of evidence and the fifth day to the
very vigorous arguments of District
Attorney Sherman Mcpherson and AS
slstant Thomas H. Darby for the gov
ernment. and Hiram D. Rulison. and
Charles w. Baker for the defendants
General Robb. Chief Cochran and 9TH
ers from Washington were here as
slSting in the prosecution
Inc scenes in the court room at
midnight were somewhat dramatic as
the members of the family of the de-
PENDANTS and their friends from Terre
Haute and Rockville and other parts
Of Indiana gathered around them The
jury considered the case for six hours
and a half 1t was undisturbed from
five p. m. till lilo p. m, 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 mat
ter of law, but that they must settle
matters of facts among themselves.
He directed the jury to retire again
and submit it's request for further
instructions in writing.
At 11:35 p. m. the jury came in again
and in writing requested as follows:
We find that we are unable to
agree upon a matter of fact"
Judge Thompson then questioned
the jury as to the PROBABILITY Of reach
ing an agreement and on being ad-
ElSed that there was no such prob
ability, without additional instruction.
he discharged the jury from further
consideration of the case.
While there We're unconfirmed re-
ports that the jury stood seven to
five for conviction, it was generally
understood in the court room that the
jury was unable to agree on the mat
ter Of fact as to whether Miller had
any connection with the dealings be-
tween Ryan and Johns or as to wheth-
er 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 hear
ing OF the case set for the nreSent
term of court. While neither side IN
dicated any qualification over the re-
suit, it was evident that the many
employees of the government who were
present were sappOinted.
Addresses were made to the jury by
Assistant District Attorney Darby and
diStrice Attorney Mcpherson for the
government and Hiram D. RulisOn and
Charles w. Baker for the defendants.
Assistant District Attorney Darby
insisted that he letters and telegrams
that passed between the defendants
and others showed an understanding
between Miller and Johns and all that
Attorney Johns knew that could be
of service to Ryan and Company OF
any other one else came from D. Y.
Miller. Darby insisted that Johns lin
delivering the goods and collecting"
represented Miller. who was at the
time a federal official
Attorney RUlison contended that
not one cent of money from Johns
ever reached Miller. and that there
was no understanding between tn"
defendants in the nature Of con-
spiracv. IF JOHNS huNcoed Ryan. Mil
Ter had nothing to 90 with it. Ruli-
son. said that there was nothing TO
show n briba 20 Niue,,. Ee fleld that
the cons0iracv established was that
or m1kire, 2 r"2"e-~oat out Of Miller
in whose -ria, gamblers and thugs
had been use1 IS witnesses. Rulison
INSISTED -ho+ NTii1n-, ~ 4 heaN trea ted
unfairly in the ''sweat boxes Fl
Wash;ncto~