The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1895-08-23
A HUNG JURY.

biayer OF HIS Wife ana Child at st.
Louie, on His Trial at Union, Mo-. for
the Murder OF His wife-The Jury d.
vided on tho Question of the Murderer's
sanity.
UNION. Mo-, Aug. 17.-At 1890
o'clock this evening the jury In the
Duestrow murder case, having been
out twenty-four hours without reach
Ing an agreement, was discharged by
Judge Hirzel. The jury at the time Of
Its discharge stood five for conviction
and seven for acquittal.
The jurors who favored conviction
were James B. Hulsey. Thomas John.
son, James McDermott, John R.
Mitchell and James Woody. Those In
favor of acquittal were j. Evender. p.
I. Farrell, Elmer Denman. ]. L. Bell,
Irving Enloe, John T. Benner and
James Patterson. In announcing that
they could not reach q decision the
jury expressed much regret
1t appears from what the jurors say
that Immediately upon their retiring
from the courtroom last evening they
organized by electing j. w. Evender
foreman. An hour later a vote was
~ pm ehO hIob o6llOb bCfCu uCu
declared that they believed Duestrow
insane at the time Of the homicide and
still insane. When they were finally
brought into court, shortly after 10
o'clock. not one had changed. Judge
Hirzel asked:
Gentlemen, have you reached Q
verdict?"
1--WE have not" replied Foreman
Evender.
DO You think you CAM Do You
think there are any chances?"
mo. sir; we have tried hard. but
have been unsuccessful. don't think
we can reach decision If we were tc
continue here month. The men are
all men of strong convictions"
"Well, gentlemen" said the Judge,
I'm sorry you can not come to .
conclusion after all the time we have
spent on this; but II you can not, why.
you have at least done your duty.
don't want to keep you locked up owe,
Sunday. SO I'll discharge you alto
gether."
As soon as they were discharged, .
number OF those present in the court
room crowded about them and asked
how they stood. 1t had been rumored
all day that 1t was seven for convic.
ton and Ave for acquittal. When 1,
was stated that It was just exactly the
opposite there was considerable sur
prise.
Foreman Evender said the reason
why they could not reach q verdic,
was that the men composing the jury
were the most determined men In the
county, and when once they had made
up their minds nothing could change
them. Every juror declared that he
had made up his mind before any O.
the speeches were made, and that the
time thus consumed was wasted.
Attorneys johnson and Booth .,
once asked Judge Hirzel when he
would try the case again. He said thai
1t would be impossible to try it at the
next regular term, but that he would
decide on time soon.
In the meantime he would simply Sc
1t pro forma for the September term
Attorney johnson then asked for ar
order to have Duestrow returned to the
St. Louis Jail. At first tho judge re-
fused on the ground that it cost toe
much to be carrying him up and dowr
to st. Louis, but, after some explana
ton, he finally made the order
1t is probable, however, that Dues
trow will spend several days yet IL
Union.
AS soon as Gov. johnson could Qet
away from the courtroom he FASTENED
over to the Jail to inform Duestrow.
well, Arthur" said tho lawyer
'the jury is discharged"
"Yes." said Duestrow, apparently I'M
moved. l
"Yes, they disagreed, but seven wer.
for acquittal and Ave only for convic.
ton"
"Oh! a hung juryP" said Duestrow.
Eyes. but it's in your favor"
Then / suppose you can get me out
In couple Of days ow?"
FLOWS that?" asked the lawyer.
why, it's . bailable offense now
isn't it?"
johnson replied. evasively: "But yor
know there's another Indictment"
''Ohl well, this hangs up both the In
dictments, you know" replied Dues
trow.
As he got to talking Duestrow's face
lighted up and he appeared as pleased
as a child.
While the sentiment here continue.
strongly against Duestrow, the disa
greement of the jury causes no excite
ment-
The prevailing sentiment is one O.
regret that verdict of some kind was
not reached. Several of the Juror.