Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-12-12
COAL CASE STILL WITH JURY
All Night, All Day and Evening Matter
Is Argued and Considered,
SOME NKLNG AS TO THE OUTCOME
Jurors Are Closely Guarded and They
Ask for More Instructions
from Judge sutton on
Certain Points.

The second night Of imprisonment failed
to bring about an agreement In the alleged
Coal trust jury and at late hour last
night hopes Of a verdict were practically
abandoned. At II O'Clock the court Off
cials, who had held themselves in readiness
to receive a verdict, left the court house
and went home. The Jurors, worn out by
the twenty-five hours OF wakefulness, had
apparently gone to sleep as everything was
quiet in the court room where the jurors
were locked up. The only hint from the
jury roop came early in the afternoon,
when the jury asked the court for further
instructions on a part Of the evidence
Their action is interpreted indifferently by
the two sides.
The jury is closely guarded and no very
authentic rumors of the way the vote
stood percolated through the walls OF the
jury room. At midnight Monday night the
Jurors were taken from the small jury
room in the basement OF the court house
and given the range Of the large court
room No. 1. They were returned TO their
quarters in the basement early in the
morning. They worked hard all night de-
voting the entire time to balloting and
discussing tht case.
Asks Further Instructions.
The jury filed into the court room at 2:4o
and E G. Brain as foreman asked the
court that the memories OF the jurors he
refreshed as to article xii Of the bylaws,
referred to in the judges charge. This is
the article relating to soliciting business.
In his charge Judge Sutton held this article
is in violation Of law and II the
jury found it was in force by tne con-
nivance and assistance OF the defendant
Howell and that he was member Of the
exchange. while this article was in force
verdict Of guilty should be returned.
The jury asked its memory be refreshed
as to the purport Of the article.
Judge Sutton prepared a special instruc-
tion covering the matter.
The jury was not asked how the vote
stood. These were rumors II stands 10 to
2 for conviction.
In his special instruction Judge Sutton
said If the jury found Article XII was
kept in force by agreement Of the defend
ant and one or more other members OF the
exchange between July /, 1905, and Sep
tember a. 1906, or If the defendant carried
on his coal business in conformity with
the article he would be guilty and the jury
should return a verdict to that effect. The
article I'm question is as follows:
Soliciting as referred to in the bylaws
hereafter written shall apply to members
OF any firm having a membership IN this
exchange their agents, clerks and drivers
and shall consist Of the personal or verbal
introduction Of the subject, the personal
presentation OF a card or other token of
business or any other act calculated to ef-
feet sale; but It is understood that
printed pOstals with address only on one
side and on addressed printed matter en-
closed in addressed envelopes are not
within the inhibition OF this section. The
exchange shall not interfere with prices
made between members Of the exchange,
or as to whether the same shall be at
wholesale or retail prices.
II has been decided not to take up the
Sunderland case until Monday as so many
Of the Jurors are busy on other cases II
is believed impossible to get a jury from
the present panel H. H. Baldrige will
. appear in this case in addition to Messrs.
Connell and Stout.