The Helena independent., 1891-12-06
THEY COULD NOT AGREE.
Jury in the Barnum Case Reach no
Verdict and Are Dis
charged.
Michael Dooney Is Sent to Deer
Lodge for Term Of Two
Years.
Tho Barnum Jury We're Out Twenty-one
Hours-A Sad ana Touching
6Cone.'

After being out twsnty-ono hours ths
jury in thu Barnum case were discharged
yesterday afternoon at two O'clock, be-
cause they could not agree. Judge
Knowles questioned the jurymen, asking
II they felt convinced that they could not
reach verdict. They answered that it was
impossible for them to agree. The court
then said he would relieve the jury Of any
further consideration of the case, as it
would be a hardship to keep them any
longer under the circumstances. While
Mrs. Barnum's attorneys would rather
have this result than verdict of guilty,
still they feel that their client should have
been acquitted. Mr.. Newman, one of her
counsel, feels 30 confident OF her innocence
that he says he would defend her at any
time without compensation should it be-
come necessary. The United States attor-
ney has not signified when Mrs. Barnum
will be tried again, but it is understood
that it will not be during the present term
of court. This case is one of the most
interesting ever brought into court in
Montana and has attracted great attention
from the tims Mrs. Barnum and her family
were arrested last August by Postofncs In.
speOtor Sackett and q deputy marshal at
Mann, Cascade county. Not breath of
suspicion had ever reached the good name
of the family. When it became known that
Mrs. Barnum was accused Of stealing 81
from registered package which went
through her Office the community was ss-
founded. Next came the alleged confession
OF two ranchmsn, Carr and Johnson, made
before the United States commissioner at
Great Falls. Their story was told at the
preliminary examination of Mrs. Barnum's
young son Ed, who is now in tho Lewis and
Clarke county Jail awaiting trial for rob-
bing the mails. Confined with him is his
father and an elder brother, who are also
members of the family not charged with a
similar crime arc the two daughters, one 16
and the other IL yearn old.
On the trial of Mrs. Barnum the two
ranchmen stuck to the story told at Great
Falls. This was to the effect that they had
entered into an agreement with Ed Bar
mum to 20 out some distance from tho Bar
mum place aud watch man rifle mail
pouch. They were to say that they had
soon stranger do this. According to
their story the stranger was to be impsr-
sonated BY Ed Barnum. Carr and john
son first appeared in tho history Of the case
at Kibby, where they told Postmaster Lee
that they had seen q man robbing a mail
sack. The Justice went to the place with
the men and took the letters to his office.
This version of the affair remains until the
ranchmsn come to young Barnum's exam
ination at Great Falls, and then is told
what they call the true story, to the effect
that Barnum was the stranger and they
were to get $50 apiece for their part in the
transaction.
The government in Mrs. Barnum's trial
made several attempts to connect her with
the alleged robbery by her sou. None Of
the prosecuting Witnesses could swear of
their own knowledge that she knew any
thing of it. The theory OF the prosecution
is, admitting the confession of the ranch
men to be true, that young Barnum rited
the mail sack to divert suspicion from his
mother.
The jury that disagreed we're: James
Walker, Thomas Gof, j. G. Richards, Il. T.
Hahn, ". f. Cummings, 9. G. Stubbs, w.
1. Boardman, Jacob Switzer, j. II. San
ford. Con Becker, Fred Lshman, w. S.
Paynter. 1t is understood that they stood
nine for conviction and three for aoquittal