Mr. Van Voorhis: I ask your Honor also to charge the jury that there is sufficient evidence to sustain a verdict of not guilty.
The Court: I cannot charge that.
Mr. Van Voorhis: Then why should it go to the jury?
The Court: As a matter of form.
Mr. Van Voorhis: If the jury should find a verdict of not guilty, could your Honor set it aside?
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 until 7 P.M.
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, whereupon the Court said: