The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1881-05-20
Unable to Agree.

Commonwealth: The jury in the case
OF VIM. p. Harrington, on trial for
shooting Charles Avery, were discharged
al 5 p. m. Wednesday, being unable to
agree upon a verdict. 1t is understood
that upon their last ballot four were for
conviction of some degree. and eight
for acquittal. The defendant will now
be admitted TO bail.
The case, of course, is not ended; but
the present trial was a most remarkable
one. The homicide was never denied,
but from the very moment of the shoot
ing Mr.. Harrington claimed that ne fired
the slot in defense OF his own per-
son, and to save his own life.
Unfortunately for him, however,
he had gone away from his own premis-
es, and to the farm of Wesley Edwards
(the prosecuting witness), for the pur-
pose Of taking forcible possession of a
cow and calf which Mr.. Edwards had
recently taken from Mr. Herrington's
herd in the absence of Mr.. Harrington
and which he had refused to give up on
LA. 0u0 lAl1b tAAto
fact led the general public at once to
think that the homicide was wholly in
excusable. The examining magistrate
committed him without bail, and after
ward, upon application to the district
| judge to be admitted to bail, the appli-
cation was denied. This was followed
by like application to the supreme
court, and bail was again refused. AS a
consequence Mr.. Harrington has been
confined in jail since July last.
AT the present term of our district
court, the case came ON for trial. II
took four days or more to impannel a
jury, owing to the popular prejudice
against the defendant. But jury was
finally selected, and Il is said that
no better jury was ever impanel-
ed in this county. The taking OF
the evidence, and the arguments OF
counsel occupied twelve days. The
theory of the prosecution was, that
the homicide was unprovOked and mex.
cusable. The theory and claim of the
defendant was, that, conceding that he
was a trespasser and a wrong-doeE, as. re-
spected Wesley Edwards, because, adj
hitting that the COW and calf belonged
TO Mr.. Harrington, he ought to have tax.
en- legal proceedings TO have obtained
possession, as 10 Charles Avery he had
committed no offense, and had made no
attack upon him. Avery and some three
or four other men were in the employ of
M. Edwards. They had made an un.
successful attempt to prevent Mr.. Her.
rington from taking the COW and calf
away. It was further commended by the
defendant, that after Harrington had
completed his trespass, and had with
drawn from aggressive or unlawful meas
ures or purposes. Mr.. Avery and the 9TH
er men there, upon Mr.. Edwards prem
ises, assaulted him with clubs and stones,
and followed up such assault until in
selfdefense the defendant fired the fatal
shot. It is not our purpose to argue the
correctness or incorrectness OF either
theory. Whether the claim of the pros
ecution is right or whether the claim of
the defendant is right. is question for
the court and jury TO settle, and we
suppose il will be settled at the next
term of the court in September next
At the trial just closed, all the jurors
voted upon their last ballot for
the acquittal OF Mr.. Harrington, ex-
cept four; and two Of these are said to
have favored some degree of manslaugh-
ter only. TIE case was most ably and
earnestly prosecuted by A. H. Vance.
county attorney, assisted by Colonel
Friedrich. The defense was conducted
by Messrs. A. Fl. Case and w. c. Webb,
and they have won great credit in view
Of the great odds against them at the
commencement Of the trial.
When the jury were discharged yes
terday, the defendants counsel immedi-
ately asked that their client be admitted
70 bail. Judge Morton said that the de-
PENDANT was now entitled to be admitted
to bail, and that he would fix the amount
OF bail TO be given to-day. Upon giving
bail Mr.. Harrington will be discharged
from custody. and the case viii go over
until the next term for further proceed
/ fnRs.