Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-03
FAILED TO AGREE.
Peter SWtnsOn VIII Have 10 Taxi
klOihef Trial.
the JURY sroOD AT 0 70 .,


NhslhN 20 hhNHAiut ~ US hNNiti VII
Anderson, with intent to murder, meas
Murray was concluded m Judge
BauoA's cguI lale yesterday aite..
asou.
When The prosecution had closed,
Attorney Corey moved for diimiaaai,
which was UyulmlcJ.
Wi,uetaea Tor b defense were then
sworn. Coroner MJu q. ray Ior tcst.
ncd that ut tho pos. norton Andot.
sJu'a ltg had ouurry hualuI.
Mrs. Emily 6wrualu, vito Of tho
defendant, lest,nei thai her hushaud
fe.ir1l aU.ul II O'Clock va the night
preceding tue morning T., The shoot
hog aud lun home at O'Clock next
morning. hs hal always treated her
aiuIly.
a. M1rlcuson slate that swcnuoh's
reputation was vguu, as dii also A. u.
Euler anu Henry Ohua.
The defendant thcu wentul0n the
slaui and denied that bv had ever
quarfeled with hl, wife. lie also
uenied that tie shot Anterior, or tina.
ho saw him on tho morning Of tho
-hootlug. lie left home On that
m1fninN came 10 salt Lake TO
look Tor wofg, aud returned
the next night, al whici tune
40 learned that Anderson had been
shot On the following morning lao
gave himself W. do further denied
tnat hu ever owned guu.
la of0s,-sSamiuauon Swens3n stated
that he had been m ,rHeI two yvars.
Anderson made nv objection 10 his
marrying bile niece.
Tue uviuuse rcitej, aul ME-. Auier-
sou was recalled by the prosecution.
sne then naid that Mrs. s~enron came
to her house about tue ms, OF the year,
aud umllainud tbat o"ensOu ned
BEATEN hcr. LILA m
opening ergumnnt " a. Hlale ~ ,'l,e>s =
howAt i,lr tnc prosecution, aua
followed by In. Cory Tor tho .,..,,..'s,
JudKo llowsl closed ior the pfo ,eu,,t,,,n
aud tue jury reufcd, inter iaVlus bt,,
Instructed ~ the couri IT ss5U. A re.
coss was taken until 7!3j.
At that huuftne Jury had not agreed
aud alter waiting unul 10 O'Clock judge
B.Hcn lot the buiidlDg iOs sno night.
COULD Nor AGREE.
Shortly alter taKiug his seat this
morning JuIgo Bsuoh requested
Balm Nelson 70 20 ~ tho Jury room
--whtfv thr 1dfufs had been deliDui-
ating all ulght-And a.UofIati whether
IN agreement had been reached. Ihu
answer came back mat they had not
yut agreed, anu we're still discussing.
Tue duiuuuant'a vie, carrying IA
babr IN her nrmu, came into thr court.
room SOON alter ten O'Clock anu ngaiu
Joined her husband, suu having Te-
manned with hun throughout The long
tTiAl.
Twas ten minutes TO twelve O'Clock
when tue jury nually came into c1uft.
Judge BAucn sskud - Have you
agreed ulOu "a VERDICT tunluntL9
The fOTrmau-N H, sif.
The JuIgr-Is tutGs any possibility
OF your agicciugi 10 lac court giyes you
further umtf
Tue F1umsu--i do not see auy pos
slbinty 1i our ugfrcIug Ia thls uRsr.
j
wa. very impIrlhui, lOtn 10 the prose.
uuIiou ana tuu uoiuuIAnt himself, that
lnry should ~ .ch verdict n al AL
pyssIblv; Uut hu plurumrd ihai, having
Uren la Iuiburalion tor ~ lOug time,
they usd btGu iryiug 70 act LARRY anu
lmpartiHlly, o. course ~ thuy hAu
dOuc thuir dutJ In ,nAt respect, and
csulI DOT agree, tho court hAd nothing
iuIthl r 10 say; uus u jury should have
40 other mutIvo ~ view ,hRn u fair
aud conscientious consideration OF all
tue evidence beiuta them. "N 9u All
think," continued tnr Judge, "that
there Is no probability o, your reach.
iug a verdlc,."
Again there came = response IN tho
negative, anu
The Court then ssld-l think under
the circumstances tne lury may DO
discharged nUm the oaie.
AttOtUuy Corey tntruupUn asked that
tho defendant be admitted 10 bail on
ais own ruC0gnizanurs. Ito was poor
msu aui his wIlo, who was now 10 no,
h.lutu want, was ouuruly dependent on
lim iJr support. lilo doubted whether
Auu,hsrl ufy would nov convict
Judge howaI opposed thv motion
toOth aud nail. he did moi, az that
time, he eaid, know how tho Jury
alo0u or the difference OF opinion be-
tween them. Moreover, siuce the Gaze
closed, sumr very important additional
testimony hHd reached aim. Tie OF.
tense charged was n most serious one,
ava mere sympatny Tor ghu wiiu should
not interfere win the course OF jus.
lice. II the defendant was anxious to
be tried gKain soon, hu was wiling to
take up the oase next Monday morn
ing.
Attorney Corey thought thopruvious
bond OF $1,000 was exoruitant, anu SUI.
gested that $500 would DO ample, con-
BIderIug the deieudanps position.
Juupo Howat said that Il wac q farce
Tor counsel 10 make sucn u suggestion.
judge BaHch declined u let tue
defendant $50 On his own reCogui1ancp,
anu remarked AS 10 a reduction OF tho
bond, that WAS question Tor tho prose.
CuUuu.
AZ this the matter rests Tor thu
present, auu tue defendant IL held in
Gus oily peuuing the setting OF Ga.s
lor the relrlal Of the case.
now me JURORS STOOD.
Il was learned that the Jury stood
nine tot conviction anu tutee Tor
acqui,ta, The hTst aud only other
ballOtsnowei eiSnI 10 four.