The  instmction  reads:  **You  have  now  heen  con-
sidering this  case  for  ahout  eighteen  hours  and  have
not  been  able  to  agree.    I  have  no  means  of

3.  knowing  how  you  stand  or  what  the  difficulty
is  which  prevents  your  agreeing,  but  I  think  it
proper  to  say  that  it  is  very  important  that  a  verdict
be  secured.  Litigation  is  very  expensive  to  the
parties  and  the  county  as  well ;  I  have  no  right  to  ask
any  juror  to  yield  up  his  conscientious  and  settled
convictions  as  to  the  evidence  and  I  do  not  ask  you  to
do  that.  This  is  not  a  matter  of  life  and  death  to
the  parties  but  is  purely  a  business  matter.  No
twelve  men  endeavoring  to  transact  a  business  mat-
ter would  be  able  to  have  absolutely  the  same  views,
but  all  business  transactions  are  done  upon  the
theory  of  listening  to  the  views  of  others  and  yield-
ing some  of  your  own  where  the  opposite  view  is
reasonable.  In  a  civil  case  a  jury  should  approach
the  solution  of  the  question  in  that  spirit  and  not  in
a  spirit  of  contention  or  controversy,  nor  in  a  spirit
of  resentment  or  ill-feeling  toward  the  parties  or
other  members  of  the  panel,  nor  should  they  allow
any  outside  consideration  or  motives  to  have  any
weight  in  deciding  the  case,  but  the  jury  should  be
governed  solely  by  the  evidence  in  the  cause  and  the
instruction  of  the  court.  Feelings  of  mere  sympathy
on  the  one  hand  or  of  resentment  or  prejudice  on  the
other  should  have  no  place  in  your  deliberations.
