The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-04-13

And now, gentlemen, take the case"
Thus spoke Judge Robertson to tn.
Smith jury yesterday forenoon and the
twelve good men and true, who are to
decide whether John Smith shall die on
the gallows, slowly filed into their
room. 1t was nearly dinner time then
and one member of the jury, who will
not let even verdict interfere with his
meals, suggested that they eat at least
ono more dinner at the city's expense
before any ballots were taken. The
other eleven agreed with him and the
hungry jurors proceeded to the South.
ern Hotel, while poor Smith was escorted
over to the station house to partake of
his splitpea soup and try to convince
himself that his case was not altogether
hopeless.
The crowd in the courtroom yesterday
morning was fully as largo as on the
preceding days, every available nook
and corner being filled with spe C tators
anxious to hear Commonwealth Attor-
ney Smiths closing argument. Mr..
Smiths speech was powerful one and
he reviewed each piece of evidence care
fully. he said that it devolved upon
tho defense to prove that the killing of
Aliff was manslanghter or the prosecu-
ton to prove that it was murder in the
second degree, and he argued to show
that Smith had ample time to cool down
after tue first difficulty with Alin and
that the shooting was pfemeditated. Tie
complimented tho argument of Mr..
Phlegar for tho defense. which he said
was fine intellectual structure built
on slim foundation. His argument
lasted about two hours.
AT It's conclusion the instructions were
argued and given to the jury. The
court then adjourned for dinner Every
one expected that an early verdict
| would be reached and the crowd re-
manned In the courtroom. Shot thy after
two o'clock the Jury returned to the
| scene OF its laborS and immediately re-
tired to it, room. The members un-
doubtedly knew that there was a long
| fight before thom and each mans face
wore determined look. Notwith-
standing the overwhelming weight of
evidence against the prisoner there were
one or 'two jurymen who thought he
ohouio DC dCqulGICu anu CQey MADE d
their minds to either do so or hang the
jury.
Balloting commenced and the first
vote taken showed that the contest
would BIO q hard one. The vote stood
ten to two for conviction. The ten
men argued with the two dissenters and
tried to convince them that their vote
was wrong. They carefully went over
the evidence and arguments and then
another vote was taken, but with the
same rosult-ten to two.
Then followed more arguments. The
men were all getting tired and out OF
patience and wanted to return to their
homes. The majority was clearly con-
WINGED that Smith was guilty, and could
not understand why those two should
hold out. But hold out they did. and
no amount of persuasion could change
them. More ballots followed but thew
were all the same.
In the meantime the crowd in the
courtroom was growing impatient. Why
did not the jury render verdict? AS
the minutes slipped by and no report
was made Smiths face began to brighten.
The longer the jury remained out the
more hopeful his case became. And
the spectators began to think so too.
They argued that if verdict of guilty
was to be- rendered it would have been
done so at once.
Suddenly Clerk Brooke raped for Or
der and every eye turned toward the
jury room. Had a verdict been reached?
Smith half started from his chair and
then saLk back again. and deadly
pallor overspread his face. But he was
not yet to learn his fate. 1t was only
the grand jury coming in with IL few
minor indictments. They were read by
the clerk and then tho crowd began To
speculate again as to the result.
About five o'clock there was com
motion about The door Of the jury room
and the, men who held Smiths fate in
their hands appeared. a verdict was
to be rendered at last and every nerve
OF that vast audience was strained,
every ear ready TO catch tho slightest
sound Again did Smith show signs of
nervousness. One quick glance at his
wife and then his eyes were r,yeted on
the jury. Were they to send him b lck
to prison cell only to be dragged forth
like some animal TO tho slaughter or
we're they to allow him once more to
breathe the sweet air of liberty? No
one can describe the feelings of The
trembling wretch during the brief time
1t took the jury to gather in front OF
the bench.
But his suspension was not to end
then. Instead of "a verdict the foreman
announced that the jury was unable to
agree Hero was at least q slim chance
OF life and Smith graSped az it as d
drowning man does Il straw. His lilo
had not yet been forfeited.
Judge Robertson was evidently pre-
pared for disagreement, and ho
promptly ordered the jury to be locked
up over night. The twelve weary men
Wara taken In chnrno hn D.,nni, 81,