e ever-living God that
they would take the jury to some private, convenient place provided by
the sheriff, and keep them together, without eat or drink, water
excepted, unless ordered by the court; and not to speak to them
themselves nor to permit any person or persons to speak to them until
they had agreed upon a verdict.
This formality concluded, a discussion arose as to the exhibits which
had been offered in evidence going into the jury-room. As to the locks
of hair cut from the head of the body found in the catch-basin there was
no objection on the part of the counsel for the defendants. Special
objection was raised however, to the O'Sullivan card, the articles of
clothing found in the sewer, the bloody trunk, the satchel and hat, and
the documentary evidence which had been submitted in the course of the
case. All the objections on the part of counsel for the defendants to
the introduction of these articles to the jury-room were, however,
overruled, and at half-past four on the afternoon of Friday, December
13th, the jury retired. It was the prevalent opinion of those who had
been in attendance on the trial from its inauguration, that the
deliberations of the body would be of short duration. This idea,
however, proved to be erroneous. For over six hours the counsel on both
sides, the friends of the prosecution, and the adherents of the defense
sat around the court-room in momentary expectation that a verdict would
be reached.
About an hour after the jury had retired, a request was sent into the
court-room for the maps, charts and other exhibits which had been
introduced in evidence, and it was complied with. At six o'clock one of
the bailiffs was dispatched to procure supper for the body. Court was
reconvened at nine o'clock, but, no word being received from the jury, a
recess was declared until nine o'clock on the following morning. When
the day broke, however, the jury was far from an agreement, and although
the court remained in continuous session until night, no word was
received from the twelve good men and true who held the fate of the five
prisoners in the balance. Meanwhile, public excitement had reached a
remarkable pitch. Large crowds had assembled outside of the court
building anxiously awaiting a deliverance from the jury, and in the
public resorts throughout the city the probable outcome of the trial and
the fate of the defendants was the one absorbing topic of discussion.
No message from the jury
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