? The COURT: I will debate that with
you when the occasion arises. Gentlemen, you may deliberate here,
or retire, as you choose.

The jury retired for consultation, and the Court took a recess. The
Court re-convened at 7 o'clock, when the clerk called the jury and
asked them if they had agreed upon their verdict. The foreman replied
in the negative.

The COURT: Is there anything upon which I can give you any advice
gentlemen, or any information? A JUROR: We stand eleven for
conviction, and one opposed.

The COURT: If that gentleman desires to ask any questions in
respect to the questions of law, or the facts in the case, I will
give him any information he desires. [No response from the jury.]
It is quite proper, if any gentleman has doubts about anything,
either as to the law or the facts, that he should state it to the
Court. Counsel are both present, and I can give such information
as is correct. A JUROR: I don't wish to ask any questions.

The COURT: Then you may retire again, gentlemen. The Court will
adjourn until to-morrow morning.

The jury retired, and after an absence of about ten minutes returned
into court. The clerk called the names of the jury.

The CLERK: Gentlemen, have you agreed upon your verdict? The
FOREMAN: We have.

The CLERK: How say you, do you find the prisoners at the bar
guilty of the offense whereof they stand indicted, or not guilty?
The FOREMAN: Guilty.

The CLERK: Hearken to your verdict as it stands recorded by the
court. You say you find the prisoners at the bar guilty of the
offense whereof they stand indicted, and so say you all. Mr. VAN
VOORHIS: I ask that the jury be polled. The clerk polled the
jury, each juror answering in the affirmative to the question,
"Is this your verdict."

On the next day, June 19, 1873, the counsel for the defendants, Mr.
John Van Voorhis, made a motion to the court for a new trial in behalf
of Beverley W. Jones, Edwin T. Marsh, and William B. Hall. The
following are the grounds of the motion:

1. The indictment contains no sufficient statement of any crime
under the Acts of Congress, upon which it is framed. 2. The court
has no jurisdiction of the subject matter of the offense. 3. It
was an error, for which a new trial should be granted, to refuse
the defendants the fundamental right to address th