_Judge Nelson_ inquired: Is the opinion expressed by the Foreman that
of the other Jurymen?
_Mr. Powell_ and _Mr. Cassidy_ (Jurors) rose and responded in the
affirmative.
_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.
_Mr. Lord_: Before that application shall be seriously entertained by
the Court, we would like to be heard upon the subject. I will say
nothing now, because it is very evident it cannot be discussed at this
time.
_Judge Nelson_: The counsel may assume that I cannot take up the
second trial during the present term. They may act upon that view.
The prisoners were then remanded to the custody of the Deputy
Marshals.