The Monticellonian., 1895-08-23
4 HUNG JURY.


 A Mistrial In the Case of Duestrow, the Slayer of His Wife and Child at St. Louis, His Trial st Union. Mo. for the Murder Of Ills wife-The Jury Dl- vided on the Question of the Murderers sanity.
 UNION Mo, Aug. 17-At 1o:SO 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 Hrzel. 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 MeDermott, John R. Mitchell and James Woody. Those in favor of acquittal were J. Evender, P. T. Farrell, Elmer Denman, J. L. Bell, Irving Enloe, John T. Benner and James Patterson. In announcing that they could not reach 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 ]. w. Eyender foreman. An hour later vote was taken. Upon the first ballot seven men declared that they believed Duestrow insane at the time of the homicide and still insane. When they were finally brought into court, shortly after 1G o'clock, not one had changed. Judge Hrzel asked:
 "Gentlemen, have you reached 8 verdict?"
 "We have not" replied Foreman Evender
 Do you think you ean9 Do you think there are any chances?"
 'No. sir; we have tried hard. but have been unsuccessful. l don't think we can reach a decision if we were te continue here month. The men are all men of strong convictions"
 Well, gentlemen" said the judge, "Pm sorry you can not come to 8 conclusion after all the time we have spent on this; but if you can not, why, you have at least done your duty. don't want to keep you locked up over Sunday, so I'll discharge you alto gether.1
 
 number of those present In the court room crowded about them and asked how they stood. It had been rumored all day that it was seven for eonvic. tion and five for acquittal. When r was stated that 1t was just exactly the opposite there was considerable sur prise
 Foreman Evender said the reason why they could not reach verdict was that the men composing the jury were the most determined men in the county, and when once they had made mp their minds nothing could change them. Every juror declared that ht had made up his mind before any O the speeches were made. and that the time thus consumed was wasted
 Attorneys Johnson and Booth al once asked Judge Hirzel when he would try the case again. He said thaf it would be impossible to try it at the next regular term, but that he would decide on a time soon.
 In the meantime he would simply SC 1t pro forma for the September term. Attorney Johnson then asked for al order to have DuestrOw returned to the St. Louis jail. At first the 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. tion, he finally made the order.
 It is proba ble, however, that Dues. trow will spend several days yet IT Union.
 As soon as Gov Johnson could get away from the courtroom he hastened over to the jail to inform Duestrow.
 Well Arthur" said the lawyer, "the jury is discharged"
 Yes, said Duestrow, apparently un. moved.
 Yes, they disagreed, but seven were for acquittal and five only for convic tion"
 "0hl a hung jury?" said Duestrow.' 'Yes, but it's in your favor"
 ''Then l suppose you can get me out in couple of days now2"
 "How's that?" asked the lawyer.
 Why, it's bailable offense now isn't it?"
 Johnson replied, evasively: But you 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 child.
 While the sentiment here continues strongly against Duestrow, the disa greement of the jury causes no excite ment.
 The prevailing sentiment Is one ot regret that verdict of some kind was not reached. Several of the jurors stated that it would have made no diff ference if they had been instructed in the second degree. Every man on the jury believed either that Duestrow should be hanged, or else that he should be acquitted because of insanity at the killing.