The Montgomery advertiser., 1903-06-02
NEARING A VERDICT
JURY IN COUNTY CASE Is STILL
 OUT. H
Judge Jones Gave Jurors an Addit- ional Charge As to Estoppal
 court-Foreman Says they f~~ May Agree.

The jury os the Federal Court. deliberat- ing the law and evidence in the case of the County of Montgomery against J. J. Cochran, and the Fidelity and Depoeit Company of Maryland has not reached a verdict although 1t was intimated yester- day that the jury was nearing an agree ment. hT E < &tfI.
 Sine. 80 o'clock Thursday the jury has been weighing the case. The jurors were excused Saturday evening by Judge Thomas c. Jones until 10 o'clock yester- day morning. lG14 ts
 About Il o'clock yesterday morning the jury came into court and asked for furtber informa tion concerning the sixth or Astoppai count in the bill ef complaint.
 Foreman Failiow announced that it was probable the jury would be able to reach an akreement.
 Judge Jones then gave inc jury the following additional charge:
 "Gentlefaen of the jury:
 "To aid you in your deliberations. the Court states to you. upon the undisputtd evidence in this case. If you should hnd against the defendants on the sixth count. that the amount of your verdict will be ssS,l54.5s; which sum is arrived at after deducting all credits on account of the transactions of Cochran with Josiah Morris & Co. The credits which have been 0eQuCteO FtdGinu6 tuis sun Ct $ss.1s4.5s, arc as follows:
 July 2. 1S01...... ........ .......... .$13,o74 o5 June 14, lSOz ........ ........ ..... lSW4e5
 Tn making this statement to you, the Court does not in any way modify or change any of the instructions which have heretofore been given you, as to how you should arrive at the amount of your verdict
 If you should find In favor of the -t.- q then your verdict will be for the sum of sss s15i.5s which is the whole amount. due fin any event on account of the transac- tions set forth in the complaint.
 If you do not find in favor of the plaintiff upon this sixth count. but find in favor of the plaintiff on the other counts of the complaint, then your verdict will be Tor whatever sum you are reasona- bly satisfied from the evidence. Cochran, hy the use of due diligence could have collected on the check with interest from January, 9th. 1901. if he had been diIi- gent in cndeavoring to do 50 on the morn ing of the sth of January, 1901, the first morning of the opening of the bank after the check was delivered to him, or at any time thereafter. In that view of the case. you will deduct from the amount you so find the two dividends Of sl3Jl 05, one of which was paid July 2, 1901, and the other on the 1ith of June 1902. with interest on said dividends from the date of their payment. and add to these credits the sum of $6.5i1.16 which has been paid on warrants of the county. but which does not draw any interest
 These three sums, the two dividen is with interest. and the ss, ,511 IS the amour. of warrants paid without interest, wiii constitute the amount of credits. which fin that event. you will deduct from the gross sum which you find Cochran could have collected by the use of due diligence as already explained ,o you. And the residue will be amount of your verdict in that event. If you find the whole amount could have been collected on the checks. your verdict will be for eee, ,i54. .bS but if you md that less than that amount could be collected. then you will con fider the credits, and only then.
 Tn giving these credits, in this view of the case. you will proceed acordins to the application of partial payments. to wit: You will deduct at the very start the amount of ss51l IS which has been paid in warrants. and is, therefore, to be deducted from the sn punt ycu find Coeh. ran ought to have collected; then take that sum the residue, and charge the defendants with interest at the rate of per cent. per annum up to the time of the first paymsot; then subtract from the principal and interest, the amount of the first payment; then calculate interest on the remainder. and add the residue. and subtract from that. the second pay ment. and then calculate interest on the last residue up to the time of your verdict" Counsel for both parties to the con troversy excepted to the charge and their exceptions were noted. Lawyers for the county declared that the jury should be charged to return q verdict for the whole amount claimed by the county. Counsel for the defendants claimed that the county had already gotten all money on the check that was ivailab,e. The jury retired and continued it's deliberations until o'clock when by order of Judge Jones 1t was excused until o'clock this morning.