Morning journal and courier., 1883-02-01
End of the Carron Murder Trial.

Another rDfsagreement of the Jury After
 Several Hours' Consideration.
 The closing scenes in the second trial of Francis Carroll, charged with the murder of Patrick Early, who was found dead in his house in Wallingford, in October, 1881, were concluded yesterday. Mir. Case concluded his able argument at the hour of morning re- cess and was followed by MT. Doolittle, who made the closing argument for the State. Mr. Doolittle's address to the jury was quite brief.
 At two o'clock Judge HoYey delivered his charge to the jury, in substance as follows l:
 The prisoner by the name of Francis Carroll is charged in the indictment before you with the murder of Michael Early. and the indictment charges murder in the first degree. Murder is crime of the common law. Murder in the first degree Is hOmi- eide with malice aforethought. Malice, there- fore, is necessary ingredient to murder in the first degree. Malice is not so much spite, but an intent to do general harm to the person. You must find first that Michael Early was murdered; then that Francis Carroll killed him, before you can convict him.
 The judge here described the wounds on the body of Early as appeared from the tes- timony. The first question in this case IS whether the wounds were inflicted by some other person than himself. If you are satis- fed that Early did not kill himself, then you will decide whether Francis Carroll killed him. The State must prove that he did or you must render ver- dict of not guilty. If the proof fails \ to show that this prisoner at the bar is the guilty man you must acquit him. If single \ link in the chain of circumstantial ev idence is lacking you must release him. The attor- ney for the State claims that the chain of evidence is complete and with no link miss- | ing, and adduces the following evidence to prove that fact.
 Here his honor reviewed the evidence.
 The defense claim that the State has failed to prove that Carroll was at Early's house on ' that day. The State says that two witnesses saw a man at Early's house who answered the description of Carroll. But, gentlemen, \ the State cannot ask you to find any fact on probability.
 The counsel for the defense therefore claim, and with great force, that as the man | seen at Carrolrs house has not been ldentl- | fled by the witnesses as Carroll, the jury I cannot identify him.
 And upon entering upon these grave and awful duties you will remember what nave already said, that every man is supposed to be innocent until he is proven guilty. \ you have doubt, a reasonable doubt, as to Y the guilt of the prisoner, you will return verdict of acquittal But if you find that ! you have no such doubt you will render | verdict of guilty. The character of the pris | oner has, and must always have, great \ weight in trial where circumstances are the \ only evidence.
 The jury retired at 2:53 and at 5:2l the | jury returned to the court room and an | nounced that they had not agreed upon aver \ dict Foreman Whateley stated to his honol | that one of the jurymen desired definition [ of the term 'sa reasonable doubt" Judge \ Hovey said that when the niad of jurol wandered as to the guilt or innocence of { prisoner the benefit of the doubt should b' given to the prisoner. He then told the iur! l that as the case had once before been triee I at considerable expense to the State they hat
 better retire again and try to agree on yer dict The jury again retired and for an hou 1 there was 8 quiet waiting for the verdict At 6:34 Judge Hovey came in iron ! his private room and took hl accustomed seat. Sheriff Byxbee stepped to the 1udge's desk and whispered conver
 sation passed between them. The sheri1 then went to the jury room and @ momen later returned locking the door behind him | It was evident that the jury were taking an other ballot. Loud talk could be distinctl
 heard proceeding from the jury room, and ! was evident that the majority were trying t
 bring over the minority to their way of think ing. At 7:05 the sheriff, evidently at tn
 suggestion of Judge Hovey, again went to tn jury room and the jury at once came into tn
 court room. The jury were again called, tn
 prisoner was requested to stand up, and ol
 the question being asked if they had agree
 on verdict the foreman replied that the
 had not, and there was no prospect of thei
 agreeing. Judge Hovey then discharged tn jury from further consideration of the cas
 and informed those who had been draw
 specially for the trial of this case that the
 would be excused from further attendance 8
 this term of court.
 Court then adjourned until this morning g
 10 o'clock.