The government introduced eighty-five witnesses in chief to sustain the various counts in the indictment, and ninety-six in rebuttal. The defense introduced ninety-eight witnesses to overthrow the testimony of the witnesses in chief on the part of the government, and twenty-three in surrebuttal, making in all three hundred and two witnesses that were examined during the trial. The examination of these witnesses occupied the period of thirty-nine days. The hearing of the evidence commenced on the 17th of June, and was concluded on the 26th of July. The arguments in the case were concluded on the 7th of August, and on that day Judge Fisher delivered his charge to the jury and gave them the case. On Saturday, the 10th day of August, just two months from the commencement of the trial, the jury reported that they stood about equally divided in favor of conviction and acquittal, and that there was no prospect of their being able to agree. The Court inquired whether anything was to be said why the jury should not now be discharged. Mr. Bradley said: "The prisoner gave no consent to any discharge of the jury. If they were to be discharged he wants it understood that it was against his will and protest." The District Attorney, on behalf of the government, left the whole matter with the Court. The Court remarked that this was the third communication of a similar tenor he had received from the jury. If he thought there was any possibility of their coming to an agreement as to the guilt or innocence of the prisoner, he would have no objections to keeping them out longer, but supposing from the statement made by them, no such result could be expected, he directed the jury now to be discharged. The prisoner was then remanded to the custody of the Marshal. A second indictment was found against him for the murder of Abraham Lincoln, and the District Attorney entered a _nolle prosequi_ on this. Thus the prisoner was set at large.