Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-11-13
COULDN'T AGREE.
The Jury In the Burton Larkin Case Failed
to Agree.

The Jury In the Burton arkin Case Failed
to Agree.
The jury in the case of the State against
Robert Burton, charged with the killing of
George Larkin, were out exactly twenty-five
hours and twenty minutes.
Judging from the result of their delibera-
tions they were not body of positive men.
1t would be difficult to say, from appear.
ances, whether the period of time occupied
by the jury, was fraught with more painful
| interest to Burton or the public. Subject
| lively, it was incomparably more momentous
to the former, who had staked liberty and
perhaps life on the hazard of the cast.
| The public, after all, may we'll be COM
pared to an overgrown, sympathetic and
| blubbering baby. 1t is as quick in it's re-
sentiment as child, as tender, impulsive
| and forgiving. So it was with the Burton
case. A young man was on trial for his
life, and the issue was awaited with the
| keenest concern and expectancy. While the
| jury were out there was no end to button
| holing. The court officials, deputies law
| yers concerned in the case and reporters
| were subjected to continued enquiries con-
corning the probable upshot of the case.
One couldn't walk block without being
| tackled by some fellow, who wanted to
know, you know, strictly between ourselves,
how the jury was going to pan out. In
short, men, women and children of all ages,
colors and conditions were anxious to learn
the upshot of the case. The ladies', God
bless them, were particularly concerned
| about the "poor fellow" and if they had
been allowed their say in the matter the Jury
would not have been out five minutes.
After all it was stubborn jury, and they
were all good stickers. After an all nights
seige, when the court opened yesterday
morning, everybody of course thought that
they would have verdict. But the facts
didn't prove anything of the kind.
few minutes after 10 o'clock Judge
Simons instructed the officer in charge to
ask the jury if they were ready to report?
The jury signifed willingness to come into
court.
They came in, and the foreman stated
that they had not agreed, and that there was
not the remotest prospect of getting a ver-
dict. Judge Simons spoke OF the import
ance of the case, in view of which he thought
they had better retire few hours longer.
and, with this, they went back, q recess
bling taken until 8 O'Clock in the after DON.
In the interim the situation was canvassed
outside, and people began to think that the
jury would continue to disagree.
At about 8 o'clock the jury were brought
into court, but the situation was unchanged.
The foreman stated that they were as far
apart as ever and that they could never
agree. He also stated thai but one change
had taken place in the ballotlng since the
day of retiring.
They were then excused from further con-
sideration of the case and discharged.
It was afterwards learned that for the first
twenty hours after going out the jury stood
nine to three for acquittaI. the others being
IN favor of manslaughter in the second de-
gree. One of the three was finally induced
to come over, but the others held out like
grim death to the defunct Ethiopian. When
discharged they stood ten for acquitted and
two for manslaughter in the second de-
gree.
GLOBE reporter called on Burton in the
county jail directly after the jury had been
discharged. The young man was found
pacing the corridor of the Jail, and in reply
to query he replied that he supposed he
felt as well under the circumstances as could
be expected. He is civil and courteous but
possesses the knack of secretiveness when
asked for his opinion about the jury and
what effect he thought the action of the Jury
would have on the jury at the next trial.