Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-01-25
HALE-BREEp BURT ESCAPES.
The Jury Remained Out Six Days,
But Could Not Agree.

Eleven to One for oonviction--OneJ Juror
Was Taken Ill ami Then the Court
Ordered tho Discharge of All.
DoYLEsTowN, Pa, Jan. 23.-The jury
in the Wallace Burt murder trial was
discharged to-day, and the Indian will
have to face another jury. Judge Yerkes
dissolved the jury after it had labored
six days 20 find a verdict, owing to tho
illness of Juror Charles Allen, farmer
Of Tinicum.
1t is aushoritatively stated that the
jury originally stood to for convic-
ton, and that later ballot stood to 8
for conviction. This state of affairs
lasted for several days, when the poll
showed 10 to 2, and ii is said the last
ballot gave II for conviction, with
standing out for aoquittal.
A thrill of excitement passed through
the audience in the court room when
this afternoon at Q o'clock Sheriff Mich
olas and Jailer Redding ushered Wallace
Burt into the dock. This was the half
breeds first appearance in court since
Friday. 1t was quickly surmised that q
climax had been reached in the famous
murder trial. The news soon spread,
and the court room rapidly filled with q
crowd OF curious spectators and attor-
neys.
Shortly after court was called, Con-
stable Charles Zennock, one of the Off
GERS in charge of the jury, appeared be-
fore the bar and informed the court
that Juror Charles Allen, the fifth man
in the panel, was ill, and had requested
tho attendance Of physician. DIR.
Frank Swartzlander of this place, being
in court, was directed to examine the
juror in the presence of the officers and
report to tho court his condition. He
was gone about 10 minutes, and upon
being sworn stated that Mr.. Allen was
suffering with catarrhal fever, with a
high temperature and no appetite. He
deemed the complementary furious to his
health, and thought his removal neces-
sary for his recovery.
THE JURY is DISMISSED.
The court then directed the Jury to
be brought into court, and upon their
taking their seats Foreman Pearson w.
Buchanan stated, in answer to questions
OF Judge Yerkes, that the jury had not
agreed, and it was not probable it would
agree. He said all were well except Mr..
Allen, who had been taken sick on
Sunday evening. In answer to the
courts questions, Mr.. Allen said his
illness had begun with a headache on
Sunday evening, which was followed
by a severe sore throat, with pains in
the back and lungs. He thought he
would be able to stay out longer with
the jury if he were provided with bed,
us it was almost impossible for him to
sit or stand. He thought his condition
was getting worse.
The appearance of the jurors gave
evidence of a weeks close confinement.
They were worn and tired-looking and
unshaven, but their manner indicated
they were willing TO return TO the jury
room and fight it out to finish. Judge
ferkes then ordered that as the Jury
was unable to agree upon q verdict,
and one Of the jurors was i'll, q necessity
had arisen for the discharge of the Jury,
and directed that Charles Allen be with.
drawn from the jury and the trial post
poned. The jury was then discharged
by the court, with direction to be eau.
tjous as to their statements of their pro-
ceedings In the jury room, as this case
would, unfortunately, be called up for
trial again, and their statements might
have its effect upon another jury.
AS to there having been whisky
introduced into the jury room, the story
is SAID to be without foundation. Card
playing was spoken about the first night
Of trial as social diversion, but there
being but three mel on the jury who
played cards, upon the objection of
some of the jurors the pasteboards were
good-naturedly put away and not intro.
duced again.