The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-06-24
spec:al p..patch % the psIlr Easle.

Special Dispatch to the Daily Eagle
Ell RENO. o. T., June 23.-Ths Beall
jury was today discharged. Beall is re-
leased. He is under $4,000 bond. He
will get new trial in November, His
friends are rejoicing and declare that next
time be will be cleared.
When the jury came out again and an
nounced that no agreement could be
reached. the excitement IN the court room
was intense. Judge McAtee had sent
them back once. but he did not this time.
''The jury is discharged, he said.
Before discharging the jury the court
stated that it had proof positive that the
defendant who came to FL Reno. (his case
having been taken 10 this county on change
OF venue) some days before the Case was
called for trial, had made it a point 10
make numerous acquaintance and as
many friends as possible; that he had
through some influence procured the at
tendance of numerous persons at court
with the hope that some of them might be
put on the jury. That in some way these
persons. or some of them, were selected
TO serve on the jury. That after
nine apparently qualified men had been
secured tie defendant who was standing
on an elevation In the room was heard to
say to a friend: my man is on yet. they
have missed him." or words TO that effect.
meaning that TIE territory in the exercise
of its challenges had overlooked one man.
allowing him TO remain on the jury. And
that the defendant at some stage of the
trial had said to friend that he had y
man who would stand by him until hell
froze over. Inc court then spoke of the
importance OF the case under considera-
ton, the solemn vows of the jurors TO well
and tryly try the issues involved and
rard1 nf
and the evidence; that tho court well
knew the effect of the close confinement
to which the jurors were subjected in their
deliberations, aud the strain, mentally
and physically, which they necessarily
had 10 undergo, while considering their
findings; that it wac not the purpose Of
the court to unnecessarily keep the Jury
together, but that it had to be done in the
hope that either the law or the defendant
might be vindicaIed; that many other
things might be- said, which had come TO
the attention of the court since the sub
mission of the case to the jury, but that
positive proof of the existencs of them
was not to be had, and therefore, the court
could not speak of them. The court then
discharged the jury.
Instantly there was a commotion in the
court room as all realized the famous trial
had reached another Climax
The lurymen looked tagged and sleepy.
For nve days and nights they have wrsn-
gled and argued and disputed and contro-
verified in vain. Seven men believed Besll,
guilty and voted for conviction. Fivsa
were for scQuital and would not yield an
inch. 1t is now understood that this has
been the status of the vote throughout.
Both sides made strenuous efforts 10 win
the others over but without success
Both sides were firm and the five men
who went into the jury room believing In
acquital. came out. after five days, of the
same opinion. Ii was the ssme way with
those who believed that Beall was guilty
All Oklahoma is worked up over this
trial. and as it has come out as il did, in
postpoDement, the interest in it will not
wane. The prosecution is surely disap-
pointed as the lawyers on that side conf
IDENTIFY expected verdict OF guilty.
Up until the time the jury came out the
last time interest in the case had suffered
a relapse-that is for the last twenty-four
hours. When it Was discovered that the
jury was having a hard time TO agree the
friends of Beall felt easier. and those on
the side of the prosecution were about
ready to throw up the sponge.
At Oklahoma City and Guthrie, it Is told,
the people who were against Besll have
said that il he could not be convicted at
this trial with the great prosecution which
was made. not much more could be expect
ed of another trial.
By some the speech by Captain McKen-
non, the uncle of the murdered man. is
regarded IA the greatest oratorical appeal
ever produced in Oklahoma.