"In this case the jury may, as in their judgment the evidence warrants, find any or all of the defendants guilty, or any or all of them not guilty; and if in their judgment the evidence warrants, they may, in case they find the defendants, or any of them guilty, fix the same penalty for all the defendants found guilty, or different penalties for the different defendants found guilty.
"And in case they find the defendants, or any of them, guilty of murder, they should fix the penalty either at death or at imprisonment for life in the penitentiary, or at imprisonment in the penitentiary for a term of any number of years not less than fourteen."
THE JURY RETIRES.
The instructions of Judge McConnell were listened to with intense interest by the jurors, the prisoners, and the spectators. After he had concluded he made a verbal statement to the effect that if the jurors had taken any notes during the progress of the case, it would be necessary for them to disregard them in the jury-room. The oath was then administered to the bailiffs who were to take charge of the jury. Each one of them was compelled to solemnly swear by the ever-living God that they would take the jury to some private, convenient place provided by the sheriff, and keep them together, without eat or drink, water excepted, unless ordered by the court; and not to speak to them themselves nor to permit any person or persons to speak to them until they had agreed upon a verdict.
This formality concluded, a discussion arose as to the exhibits which had been offered in evidence going into the jury-room. As to the locks of hair cut from the head of the body found in the catch-basin there was no objection on the part of the counsel for the defendants. Special objection was raised however, to the O'Sullivan card, the articles of clothing found in the sewer, the bloody trunk, the satchel and hat, and the documentary evidence which had been submitted in the course of the case. All the objections on the part of counsel for the defendants to the introduction of these articles to the jury-room were, however, overruled, and at half-past four on the afternoon of Friday, December 13th, the jury retired. It was the prevalent opinion of those who had been in attendance on the trial from its inauguration, that the deliberations of the body would be of short duration. This idea, however, proved to be erroneous. For over six hours the counsel on both sides, the friends of the prosecution, and the adherents of the defense sat around the court-room in momentary expectation that a verdict would be reached.
About an hour after the jury had retired, a request was sent into the court-room for the maps, charts and other exhibits which had been introduced in evidence, and it was complied with. At six o'clock one of the bailiffs was dispatched to procure supper for the body. Court was reconvened at nine o'clock, but, no word being received from the jury, a recess was declared until nine o'clock on the following morning. When the day broke, however, the jury was far from an agreement, and although the court remained in continuous session until night, no word was received from the twelve good men and true who held the fate of the five prisoners in the balance. Meanwhile, public excitement had reached a remarkable pitch. Large crowds had assembled outside of the court building anxiously awaiting a deliverance from the jury, and in the public resorts throughout the city the probable outcome of the trial and the fate of the defendants was the one absorbing topic of discussion.
No message from the jury was delivered to the court at any time during Saturday, and after remaining in session until nearly midnight, a recess was ordered the following morning. In the meantime a score of ugly rumors gained currency.
It was claimed that the jury stood eleven to one in favor of convicting all of the defendants, and that the one man in question had been "fixed" by the defense. Another rumor had it that the recalcitrant juror had been subjected to personal violence by some of his colleagues who were indignant at the course which he had seen fit to pursue. Saturday night passed, and the dawn of the Sabbath was broken, but still the twelve men had failed to reach a conclusion upon the evidence presented to them. The rule of court regarding their comfort had been held in abeyance so far as to allow of their being provided with blankets and other necessaries for passing the night, together with bounteous meals from an adjoining restaurant, whenever they felt inclined to refresh the inner man.
All through the Sabbath, throngs of people, about equally divided between the friends of the murdered physician and the adherents of the faction to which the prisoners belonged, were congregated about the streets adjacent to the Criminal Court. No word came from the jury-room, however, and Judge McConnell, who put in an appearance at six o'clock in the evening, promptly ordered a recess until ten o'clock Monday morning, as soon as it was definitely ascertained that the jury was not prepared to make any communication.