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: