Mr. Taylor further remarked: The prospect seems to be that way. So far as we have gone, there does not seem to be any idea of coming together at all. The only idea of coming to a judgment would be that some of the Jurors, we think, do not understand the charge. They think they do, and we think they do not. It is for them to say, or not, whether they understand the charge correctly.
To this implied invitation to the Jurymen to express themselves there was no response.
Judge Nelson: If the Court supposed that there would be any fair or reasonable prospect of your coming to an agreement, we would be inclined to direct you to retire and pursue your consultations further. You have now been together about twenty hours, and unless there is some expression from the Jury that there is a possibility or probability that they may agree, we are inclined not to detain you longer.
Mr. Costello (a Juror): With respect to the Court, I think there is no likelihood of our coming to an agreement.
Foreman: If the Court will allow me, after the instructions we got yesterday evening, at the instance of many of the Jury, we stand just in the same position we stood when we left your presence the first time.
Judge Nelson: The Court, then, will discharge you, gentlemen.
The Court entered an order remanding the prisoners, and, as they were about being removed—
Mr. E. Delafield Smith (District Attorney) said: I desire, if the Court please, to move, in the case of the Savannah privateers, their trial at the earliest day consistent with the engagements of the Court, and of the counsel engaged for the defence; and I would name a week from next Monday, as it will, probably, be necessary to issue an order for a new panel of Jurors.
Judge Nelson: So far as I am concerned, I can only remain until the 20th of November, and the business of the Court is such that the trial cannot take place while I am here, as I must devote the rest of my time to other causes.
Mr. Smith: Then the motion for a new panel will be reserved until we see at what time it will be possible to bring the case on.