d
great importance on the facts that Kelly's evidence had not been
contradicted, and that, while Henry Wilson had told of getting up at
half-past one, and lighting a lamp which he said had been left burning
in the kitchen until morning, the witness Jenne had stated that he
watched the house without seeing any light, as he must surely have
done had there been one to see.

Judge Lynch followed with a very earnest address which lasted about
forty-five minutes. He summed up the evidence in the case, and quoted
the laws bearing on it, reminding the jurors of their great
responsibility, and endeavoring to impress upon their minds the
importance of a righteous judgment. His speech was not at all in favor
of the accused.

The jury then retired, and forty-five minutes later, when the judge
demanded their verdict, the sheriff reported that they did not agree,
and there was no possibility of their doing so that night. This was
announced to the waiting crowd, who had thronged the court room to
hear the decision. Court then adjourned, and the jury were locked up
for another night.

On Friday morning, March 8th, the jury were again summoned, and stated
that they were still unable to agree upon a verdict. The judge
appeared both surprised and disgusted. In dismissing them he said:
"Gentlemen of the jury, while you have exercised the discretion which
the law allows you, I must pronounce your decision most
extraordinary. The public are indignant that in a case where evidence
is so clear, there should be doubt or hesitation in the mind of any
intelligent man who should be summoned on a jury."

Mr. Baker, Q. C., moved that a new jury be empanelled at once to
proceed with another trial. Mr. Racicot seemed willing, but Justice
Lynch postponed such proceedings until Monday, March 11th.

In the meantime, on Sunday, friends of the accused and of the liquor
party in general were seen driving in the direction of Sweetsburg, and
it was thought by some that a plan might be forming to secure easy
terms for the prisoners.

On Monday morning many anxious people were awaiting the issue, and
previous to the opening of court it was noticed that the crown
prosecutor was absent, and soon the counsel for defence also
disappeared. On their return, it is said, the latter wore a look of
satisfaction, while the former's courage of last week seemed to have
in some degree deserted him.

When the judge had taken his seat, Mr. Racicot stated that his cli