On Friday morning, March 8th, the jury were again summoned, and stated that they were still unable to agree upon a verdict. The judge appeared both surprised and disgusted. In dismissing them he said: "Gentlemen of the jury, while you have exercised the discretion which the law allows you, I must pronounce your decision most extraordinary. The public are indignant that in a case where evidence is so clear, there should be doubt or hesitation in the mind of any intelligent man who should be summoned on a jury." Mr. Baker, Q. C., moved that a new jury be empanelled at once to proceed with another trial. Mr. Racicot seemed willing, but Justice Lynch postponed such proceedings until Monday, March 11th. In the meantime, on Sunday, friends of the accused and of the liquor party in general were seen driving in the direction of Sweetsburg, and it was thought by some that a plan might be forming to secure easy terms for the prisoners. On Monday morning many anxious people were awaiting the issue, and previous to the opening of court it was noticed that the crown prosecutor was absent, and soon the counsel for defence also disappeared. On their return, it is said, the latter wore a look of satisfaction, while the former's courage of last week seemed to have in some degree deserted him. When the judge had taken his seat, Mr. Racicot stated that his clients were now willing to withdraw their former pleas of "not guilty," and acknowledge themselves "guilty of common assault." Then the lawyer for the Crown, who had on Friday been so eager to proceed with a new trial at once, but who now seemed to fear that another jury would mean only a second disagreement, assented to this proposal; while the judge, who had given such a strong charge to the jury and appeared so much surprised at their failure to declare the prisoners guilty, now agreed, on behalf of the court, to withdraw the indictments for "attempt to murder," and accept the pleas, "guilty of common assault." John Howarth, Marcus L. Jenne and James Wilson then pleaded "guilty of common assault," while Walter Kelly was indicted on a charge of "committing assault with intent to murder." However, he also pleaded "guilty of common assault," and the plea was accepted. Then Mr. Racicot, not content with what had already been gained, asked for the leniency of the court towards the prisoners in giving sentence for the charges to which they had pleaded guilty, and the judge appointed to each of the four prisoners the light sentence of one month's imprisonment in common jail with hard labor, accompanying this sentence, however, by some very severe remarks as to the seriousness of their crime, and the disgrace it had brought upon themselves. Thus ended this assault case, so far as its hearing at Sweetsburg was concerned, and the prisoners and their friends departed from the court room well pleased with its termination. CHAPTER X. THE DECISIONS OF ANOTHER TRIBUNAL.