Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-12-16
COURT FORCED TO ACCEPT IT
He Orders Verdict Entered and the
Jurymen Discharged.
OUT MORE THAN THREE DAYS
Insisted that They Were Acting
According to Their 0aths.
ISSUE INVOLVED IN CASE
Heirs Of Mrs. Farriagton, who Left
Nearly All Property 10 Church,
Alleged Undue InfIuence on
Part of Priest.

ST LOUIS, Dec l5.-The twelve jurors
in the McDermott will case in Judge
withrows court this afternoon returned
verdict contrary to his Instructions.
Their verdict was for Mrs. Mary Far
rington, plaintiff in the suit.
Judge Withrow, after consulting au-
thorities and decisions, declared that, al
though the verdict was contrary to his
orders, he must accept it, and he ordered
the clerk to enter the verdict and dis
charge the jury.
The "insurgent" jurors who have re-
fused to return a verdict In compliance
with the peremptory instructions Of Cir
cult Judge Withrow, were noncommittal
when they entered the Jury room today.
They had been celebrating on the ver-
dict sixty-eight hours.
None of the jurors would talk Of what is
/ said to be an unprecedented stand. When
they first refused to return the verdict
which Judge Withrow ordered they an
nounced they would stand on their rights
as American citizens.
! Wives of the jurors have entered into
the discussion of the case. One, Mrs. II
p. Smith, announced she would divorce
her husband IL he paid fine, which shs
understood Judge wlthrow may Sssess II
the Jurors hold out much longer
Il would rather have my husband &c
to jail rather than pay a fine of that
kind she said. "If he does pay the fine
then win ask for a divorce. Those meJ
took an oath 10 decide TINS case as they
believe right. They all have brains. They
know what is right and they want to dc
It, Now it is either case OF breaking
their oaths or. giving in to the Judge.
II would be willing to eat my Christ
mas dinner along rather than have my
husband giving in to what he does no
believe is right"
Judge Cites other Cases.
Parallel cases where juries were foreel
to return verdicts according 10 the judges
Instructions were cited by Judge With
row today. He is the target OF many com
ments. Former judges said he is to,
lenient J
In speaking of the unusual stand tn,
Jurors have taken. Judge withrow said
They need not hurry on my account
! am in no hurry about the matter.
am not at liberty now 10 tell what an
going to do about 1t.
THE plaintiffs failed to substantial,
the claims they made in their petition
1t was my duty TO instruct the jury t
find a verdict for the defendant.
81 have been in office more than twent,
years. Today a man who said he ha,
voted for me four times came to me an,
declared that he would never vote TO
me again because OF the instructions
had given the jury"
Entertained with song
Today v,tbgIa haId ta,.t.
recalcitrant men were entertained will
songs and stories by George NJ. Ravold
one of their number, who is a teno
soloist.
In the case before the court, Mrs. Far
rington sued Father White, executor o
the estate of her mother. Mrs. Bridge
McDermott, alleging undue influence OF
the priests part in the preparation OF tn
mothers Will, which cut off Mrs. Far
rington with 81. In her testimony Tues
day Mrs. harrington was unable to prov
specific words or acts showing undue in
fluence and other witnesses were unabl
to give positive testimony as to such act
or words. Judge Withrow held the evi
dence was insufficient under the law an
directed a verdict for the defendant
Thereupon the Jurors said they "woul
stand on their rights as America
citizens"
In private talks at their homes, tn
Jurors who are defying Judge Wlthro,
have declared their resistance is du
within measure to their desire to protes
against a system which permits judge
to direct jurors TO return certain verdicti