The Oskaloosa herald., 1910-06-30
JUDGE INSTRUCTs
JURY TO AGREE
McSureIy Tells Body to Act If
Conscience Permits.
MUST TRY TO REACH VERDICT
Panel In Browne Bribery Case Is
Called Into Court and Given New
instructions by Presiding
Magistrate.

Chicago, June 29--The jury that
has in its hands the fate Of Lee O'Neil
Browne, charged with bribery and
which has been out more than ninety
two hours without asking for instruc-
tons or sending any communication to
the court, was called into the box by
Judge McSurely and told that @it is
important to the prosecution and to
the defendant that the jury arrive at
a verdict in this case" ~.
The instructions were read to the
jurors over the objections Of counsel
for the defense, who protested against
the jury being called into the court
room at all. n
Text Of Judges Order.
The complete instructions were as
follows:
Gentlemen of the jury, the court
will give you the following additional
Instructions:
THE court instructs the jury that
there should be no mistrial In this
case If 1t be possible for the jury to
agree on verdict, If they can do so
without violating their conscientious
convictions based on the law and the
evidence. The jury will lay aside pride
of opinion and Judgment, examine any
differences of opinion there may be
among them, in a spirit of fairness
and candor, reason together and talk
over such differences and harmonic
them, If it be possible, so that this
case may be disposed of.
Not to Surrender Convictions.
'The court instructs the jury that
while it is important both to the pros
ecution and to the defendant that the
jury arrive at verdict in this case
and that no juror or jurors should,
from mere pride of opinion, refuse to
agree with his or their fellow jurors;
yet the court further instructs the
jury that no Juror or jurors should SUR
render any conscientious convictions
founded on the evidence and the law
in the case merely for the purpose of
reaching an agreement.
"The court instructs the jury that,
although verdict to which a juror
agrees must of course be his own ver-
dict, the result of bis own convictions,
yet in order to bring twelve minds to
a unanimous result you must examine
the questions submitted to you with
candor and with a proper regard and
Difference to the opinions of each
other.
Should Reach Some Verdict.
THE court instructs the jury that it
is important both to the state and to
the defendant that the jury should ar.
rive at some verdict, the jury should
agree. on verdict; no juror from
mere pride of opinion, hostile, formed
or expressed, should refuse to agree,
If he can agree, without surrendering
any conscientious views founded on
the law and the evidence.
1T is the duty of each juror to rea-
son with his fellow jurors concerning
the facts with an honest desire to ar,
irving at a verdict"
Eleven of the jurors were apparent
ly as fresh as they were June "a, when
they retired to consider the verdict.
Most of them looked as if they had
been on vacation. Oscar Morford,
631S Jefferson avenue, switchman,
showed evidence of WEAKNESS
Chicago, June 29.-Special: The
jury in the case of Lee O'Neil
Browne, accused of bribery in con-
nection with the election of Lorimer
to the U. S. Senate, was discharged
at II O'Clock today without reaching
any agreement.