The Birmingham age-herald., 1912-12-29
Refuses to Poll Jury

KefuSeS 10 fOil Jury
 The Court: Are there 10 in the verdict? Have you looked that over?"
 Mir. Miller: 'I have. There are 40." Mir. Harding: Your honor, after a con ference with my assistant counsel, they desired the jury polied on each count of the indIctment."
 The Court: 'I will not poll them on each count of the indictment. That takes too long, They have found a general yer dict. I have already boiled the jury, but if you wish to poll them all over again you may do so But l cannot take the time to poll the jury on every count. What is the purpose of that?'
 MT. Harding: '1 have none"
 The court: "Then you will have to give some reason for it. MT. Harding: "1 have no reason for 1t. The court: "If you have no reason for it, to poll the jury on 52 counts after the Jury has been here for three months IS an imposition on them" Mir. Harding: T withdraw the motion, your honor"
 The court Undressing the other coun- seD: Do you want the jury polled?' MT. Nowlan: '1 do not desire it, your honor"
 The clerk: There are three names that are written in the margin there, in the body of the verdict. which l understand to be included here"
 Tho court: Gentlemen of the jury, these three names, Charles Wachtmeister, Frank I. Murphy and Hiram Kline, are written in the margin. Are these defend- ants included in your verdict of guilty" Foreman Dare: "They are. We did not have room, and we just wrote them in tho margin
 Courts Address to the Jury
 "The court: You find those defendants guilty?"
 Foreman Dare: "Yes sir"
 The court: And you find all the de- fendants guilty except Daniel Buckley and Herman Seiffert whom you find not guilty?"
 Foreman Dare: "Yes sir The court: "Gentlemen of the jury, I do not think it is incumbent upon me to thank any man for performing his public duty, but I cannot in justice to my own feelings, permit you to separate and go 10 your homes without expressing the. ap- preciation that I feel for the faithfulness and fidelity and intelligence with which you have performed your duty as jurors in this case. For three months you have been separated frssi our families and your friends, you have been cut off from all intercourse with the world. and there has not reached me a single complaint from any juror.
 "All I can say is that you have, in my judgment, performed a great public service, that you have done 1t inteli- gently and periodically and I want to publicly state to you that these are my sentiments. There are some compen- sations for this aside from your con- sciousness of having done your duty. You have doubtless formed associa tions that will last for a lifetime. There is always a bright side. another side, at least. to these unpleasant duties of life.
 'The clerk and the marshal will at tend to your compensation and your mileage, and with this expression of the court of the very appreciation which the court feels for the performance of your duty in this case, you are discharged. want to say further to you that 80 long as I occupy this bench. if any man on this jury is drawn again for jury service in this court, all he has to do to be excused is to remind ne of the fact that he served here. You may be discharged"
 The court. The defendants, Daniel Buckley and Herman G. Seiffert ere discharged. The marshal will take the remaining defendants in custody. and the court will adjourn until Monday morning at 10 o'clock, at which time I will take up the matter of the punish ment.
 Mir. Harding: Your Honor. before the court adjourns, I suppose any motions we may have to present to the court before judgment is pronounced, we can do it Monday?
 The court: Yes. I do not suppose you are ready now?
 Mir. Harding: No.
 Whereupon the court adjourned un- til Monday morning at 10 o'clock,