Mr. Justice Best.—I have not the power to do so.
A Juror.—I throw back the charge of obstinacy in the teeth of the Foreman—he is obstinate.
Another Juryman.—My Lord there is obstinacy.
Second Juryman.—This is invidious; I am not the only one who stands out; there are four of us.
The Foreman again expressed his opinion that they should not agree.
Mr. Justice Best.—Gentlemen, you must see the impropriety of this public discussion; you had better retire, and endeavour to agree among yourselves.
The jury again retired, and at eight o’clock desired their families might be informed that it was not likely they would return home before the morning.
Wednesday, July 25th.
This morning the jury were still enclosed without the least chance of any agreement. A number of persons were in waiting to hear the verdict. At half-past nine o’clock, Mr. Justice Holroyd appeared on the bench, and an intimation was conveyed to his Lordship that there was no probability that the jury would agree.
A conference took place between the counsel for the prosecution and defence who appeared to be both willing to enter a Noli Prosequi and discharge the jury without a verdict.