Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-06-04
THE LUsBY MURDER CASE.
The Jury Agreed That 1t Is Not Murder in
the First Degree,

But Not Agreed as to the Grade, and still
Kept Together.
The reading public are aware of the gen.
eraI facts of the case of D. G. Lusby, who
has been on trial in the Criminal Court Of
Knox County, before Chancellor w. B..
Staley, special judge, since Wednesday,
oath inst, on the charge of murder, for the
killing of VIII. C. Mabry, Christmas eve
last. The case, it will be remembered,
was given to the jury about o'clock last
Thursday.
At 2 o'clock yesterday afternoon, the hour
set for calling the jury in, the courthouse
was filed with spectators to hear
the result. They were brought into court
by their officer, Deputy Sheriff Adam Leak,
and after they we're called over, their fore
man and spokesman, F. G. Wayland,
in response to the inquiry by Judge
Staley if they had agreed
upon verdict, announced that they had
agreed that the defendant is not guilty of
murder in the first degree, but were not
able to determine among themselves as to
the lower grade of homicide.
Judge Staley called to him representative
counsel from both sides, and, after brief
consultation, proclaimed that they had
heard the report of the jury, asking
what course they would pursue. He
stated that he would be compelled to leave
the city next Monday, to attend court of
his own, and announced that the jury could
not yet be discharged, unless by consent of
both sides.
General Anderson announced
that the State would agree to discharge of
the jury.
Counsel for the defense declined to agree
to a discharge, and the officer was
again sworn and given in charge of the
jury, with instructions to have them in
court again at 9 o'clock Monday morning.
After the jury were out of the house,
Maj. E. G. Camp, of counsel for the de-
tense, addressing the court, said that, mas
much as it had been announced in open
court by the jury that the defendant
is not guilty of murder in the first
degree, the only. charge upon which
he could be held and refused bail, be
| proposed that the defendant be allowed to
give bond in such SUM as may be fixed by
| the court.
General Anderson hoped the
| court would take no such proceeding.
Judge Staley said he did not regard the
report of the jury as verdict at all, and
could not entertain any such motion.
Attorney General Anderson said it was al
astonishing fact that such an announcement
should be made by the jury, and that il
should be known beforehand that it was te
be made. In reply to an inquiry he said b.
was not prepared to bring any charge, bu
the fact had come to him, and he could tel
where from if necessary.
Judge Staley said if any evidence coult
be brought to him of any one tamperine
with the jury, he would attend to it, or i
they could bring any evidence of the of
ficer lot discharging his duty, he would Sc,
to him, but for the present there was moth
ing before the court. The judge ordered
the usual record to be made, of no verdic
by the jury, but instruced counsel that the.
could note what had been reported by tn
jury, and subsequent occurrences, in thei
bill of exceptions, if they chose.
1t leaked out-whether legitimately o
not, is question, yet the fact remains
that eight of the jury were for acquittal, bu
how the others stood was not ascertained.