The morning news., 1892-03-29
GETS ANOTHER CHANCE.
THE LANDSBEaG JURY FINALLY
MAKES A MIsTRIAL-

Sixty-Nine Hours Delioeratlor With
out Change-From the First Bal
lot to the Last the Vote Stood Nine
for Conviction and Three for Ac-
Quittal-Foremen Gray Makes 8
Observation-Disclosures Bond Raised
TO $4,000 and He Is Sent Back to
Jan-Another Trial Next Week
Probable.
, TIE Landsberg case has resulted in q mis-
trial After being cut nearly sixty-nine
hours the jury was discharged last night by
Judge Falligant at o'clock and mistrial
was entered upon the docket of the court.
At O'Clock Judge Falligant received a
note from Foreman Gray saying that IL was
su utter Impossibility for any agreement TO
be reached, and after consultation with
Solicitor General Fraser the court decided
that it was useless to keep the jury locked
up any longer.
After the crowd which had been attend
ing the Gay trial all day had left
the court room, Judge Falligsnt directed
Sheriff Roman to send for the prisoner
There were not over a dozen people present
Landsberg arrived in charge Of Deputy
Sheriffs Hartigan and Coleman. He came
In smiling, and took his seat beside his
counsel, Mr.. Morgan, directly in front Of
the judges desk.
A SORRY LOOKING JURY.
The twelve men were O sorry looking set
as they fled into the court room, and took
their seats on the north side. All looked
sleepy and worn out. After the roll had
been called, Judge Falligant turned to them
and asked:
"Gentlemen Of the jury, have you agreed
upon a verdictP
1--WE have not" answered Foreman
Gray.
"ls there any possibility Of an agree
ment!"
"None whatever" came the reply.
sis your disagreement upon the law or
the factsl"
Foreman Gray Strengthened up and re-
piled In an emphatic manner: "Your honor,
the disagreement is neither upon the law
nor the faots. 1t is rather one of O reason.
The jury has stood the same from the first
to the last ballot"
An order was then passed Withdrawing
the foreman, and the jury was discharged
LANDsBERG's BOND FIXED AT 5000.
Looking down at Landsberg Judge Falli-
giant said: "Mr. Sheriff, take charge Of the
prisoner, and see that he is not released un-
less he can furnish good and secure bond
IA the sum Of 5000"
Landsberg's face lost its smile at this, and
the oheerfulness he exhibited as he came In
was gone as he was escorted back to jail
Judge Falligant will this morning reas-
sign the case for trial. If possible date will
be fixed for next week at the conclusion of
the Kavanaugh case.
The Landsberg case Is one in which the
| jurymen did not bind themselves to secrecy
about what took place In the jury room.
The moment they were discharged nine Of
them called for a MORNING NEWS reporter
almost in one breath. Some of them were
very emphatic in their language.
FOREMAN GRAY TALKS.
Foreman Gray said that from the time
the jury frat balloted there was no change
It stood nine for conviction and three for
acqu1ttal. "As soon as we got into the
room,n he said, Jurors T. J. Gilhooly,
Claud Goodwin and Morris B. Ketchum
held a consultation, ana when the ballot was
called for they voted mot guilty
We tried to talk TO them on
the facts OF the case, but they wouldn't
discuss 1t at all nor advance any reason for
their position. Finally one Of them ap-
preached the majority as to how
it felt toward recommendation
We didn't feel that the facts of
| the case warranted any reoommen-
dation, but after consulting we decided to
agree to recommendation, relying upon the
courts discretion. But when the ballot was
| taken the same three were still voting
| against conviction. These three Jurors
wanted TO find Landsberg guilty of an
assault and recommend him to
mercy, but the majority wouldn'r listen to
that proposition uuder any circumstances
| because it didn't believe the evidence war
ranted anything less than a conviction Of
the offense charged"
THE MEN WHO VOTED GUILTY.
Jurors Gray. Bliss, Fulton, Byers. Bar
| bour, Paf, Andrew. Balfour and Wallace
| tcolored) are the men who voted solidly for
the conviction OF the prisoner. They de-
nounce the action Of Jurors Gilhooly. Gods
win and Ketohum.
Juror Ketchum was asked If he had any
thing to say. He said 1t was true that he,
| 9ilhooly and Goodwin had voted against
the conviction of the prisoner. but he and
Gilhooly would have agreed with the other
nine il Juror Goodwin had gone over with
them. But be refused, and they staid with
| him. II Judge Falligant had kept the Jury
out until 1880 O'Clock Ketchum said he be-
| lieved verdict would have been reached.
| as Goodwin had almost promised to agree
- Nobody was particularly surprised at the
| names OF the men who held out Almost as
soon as the indications began to point to a
| mistrial Gilhooly, Goodwin and Ketchum
were picked out as the men, and people
we're prepared to hear their names at the
| end OF the case.
1