“In this situation the question arises whether the Government shall proceed further with this prosecution. Heavy expense is involved in it and it will consume much of the time of a court already overcrowded with business. It is just, too, to call attention to the fact that the defendants are poor men. The expenses of the defense thus far have been met by voluntary contributions from other poor men, who are in sympathy with the men on trial. There is obvious injustice in enlarging this financial burden by bringing these men again to trial. “In the opinion of the _Times_ enough has been done to maintain the dignity of the State in this matter. Further prosecution of Debs and his associates would look like persecution. The Government would better abandon the case forthwith.”—Editorial, _Chicago Times_, February 13, 1895. “WANT A TWELFTH JUROR.” “Then there was a consultation between Court and counsel as to what to do. To discharge this jury and commence all over again would occasion a waste of time and delay which neither Court nor counsel wanted to permit, if there was any possible way of avoiding it. However, counsel for the Government seemed more easily able to reconcile themselves to it than anybody else. There was a very strong impression in the courtroom that the Government counsel had conceived the opinion that the jury would not convict, and were not altogether sorry something had arisen to give them a chance for a new jury. “General Black at first thought that they could proceed with a jury of eleven, if the defendants would agree. The defendants were ready to agree, but took the view, and Judge Grosscup shared it with them that such a stipulation would be a fatal error. Finally, General Black came to this conclusion himself. Then the defense made a proposition itself. This was in effect that the present jury be discharged and a new one at once impaneled, consisting of the eleven of the present jurors and a twelfth man; that for the benefit of this twelfth man the evidence already taken might be read over. In support of this proposition Mr. Gregory read a lot of authorities, some of them interesting in themselves, aside from any aid they might be in the present case. “The proposition was talked about informally between the Court and counsel, and the more they talked about it the more feasible it seemed. But before it was finally decided on Judge Grosscup wanted to sleep over it. So he adjourned court until 10 o’clock this morning.” DARROW MAKES A MOTION.