EIGHTH DAY.
Oct. 31.
The Jury, who had been in deliberation all night, came into Court at twenty minutes past eleven o'clock. The names of the prisoners were called, and, on the Jury taking their seats—
The Clerk said: Gentlemen of the Jury, have you agreed on your verdict?
Foreman: No, sir.
The Court: Is there any prospect of your agreeing?
Foreman: I am sorry to say there is no prospect at all that we can come to an agreement.
After some consultation with Judge Shipman—
Judge Nelson inquired: Is the opinion expressed by the Foreman that of the other Jurymen?
Mr. Powell and Mr. Cassidy (Jurors) rose and responded in the affirmative.