The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-05-20
JURY DISAGREES.
1t Fails to Convict or Acquit
Clinton C. OsbOn.
Stood Practically Eight to Four
for Conviction.
WAS A SPEEDY TRIAL.
The Whole Thing Lasted a Little
Less Than a Week.
OsbOn Considers That He Was
Treated Very Fairly.

is neither convicted nor acquitted, for the
jury disagreed. The defendant will now
have to be tried at the November term
of the district court In the mean time.
he will have to languish in Jail, for it
would be difficult for him to secure bail
The case was submitted to the jury at 4
o'clock Saturday afternoon. A decision
was not reached until o'clock Sunday
morning. Seventeen hours of wrangling
is enough to tire most anyone, especially
farmer
AT eleven O'Clock Saturday night the
jury stood six for conviction and six for
acquittal. The next ballot taken after
that divided them up as follows: Man
slaughter in third degree, five; murder
This practically made it seven for con-
viction and five for acquittal One of
the jurymeu becoming very sleepy and
tired, said that he would change his vote
for acquittal to that of conviction, as he
wanted to get home to bed. 1t was then
twelve o'clock.
This made eight for conviction and
four for acquittal. But the scheme of
the sleepy juryman did not work, for
the judgeewas not then at the court house
and the jury could not be dismissed until
q FOkQlCb was IOdCu0Os AZ uAH0 y CAOCh
the judge appeared at the court house
and there was great rejoicing in the
jury room. The judge was informed
that eight of his jurymen wanted
Clinton c. Osbon to pay the penalty
for his rash deed, and that four
of them thought the defendant was
temporarily Insane at the time of the
murder. The jury was then discharged
and the farmers all went home as fast as
possible. They hadn't been up that long
for a good while.
The next term of the court will be in
November of this year. The decision
was a surprise to many, as it was sup
posed that there would be a vindication.
Robert B. Newly was the foreman of the
jury. Mr. Burton had been very careful
in the selection of the jurors, asking
every one the question, "Have you any
daughters?"
the case is perhaps one of the most
wonderful of its kind.
The speed also has been remarkable.
The case was called Monday morning
and given to the jury Saturday after
noon. The ladies of Lawrence took a
great interest in the case. There were
several present all during the trial, and
on Saturday there were a great many.
Taking into consideration the disgusting
language they were forced to listen to, it
shows that they were deeply interested
! in the case and wanted to see fair play.
A STATE JOURNAL reporter called at
the county Jail to see Clinton c. Osbon,
the defendant, and was given a very
cordial welcome by the little gentleman.
'Mr. Osbon, what will you say to me
| today about your case?"
Il can't talk to you about the case, for
I don't tell my secrets. l will say, how
ever, that think l received u very fair
trials far as the judge and jury are con-
cerned. I think the instructions that
Judge Benson gave the jury were the
finest legal document ever saw"
Mr.. Osbon was remarkably composed
for a man that had gone through the
ordeal that he has, and with the decision
of the jury fresh in his mind. He
curled himself up comfortably on a
table and cOnversed quite freely on vari-
| Gus subjects. When asked about his
treatment in Jail since his incarceration
he said: 81 have been treated very
we'll. In the Shawnee county Jail l was
| treated as well as man could be treated
John Burdge is thorough gentleman,
and l shall remember him as long as 1
! live. Every favor that l asked him he
granted to me. Since l was put in jail,
! l have not had a cross word with single
person. nor have | been punished for
any misconduct l have come to the
conclusion that it pays a man always.
whether in Jail or out of jail, to be a
gentleman"
"What do you think of the decision of
the jury?" asked the reporter.
"All that l can say is that it was a
hung jury. But l would like to ask you
question. What did you think the
jury would do?"
The reporter said that he could not
| but that he had looked for au acquittal.
| Osbon looked out of the window for
some seconds and seemed to be think
ing. Then he said: "Since 1 have been
in Jail l have lost some flesh. I guess
most people do when they are in Jail any
length of time. l have been a hard
working man and was able to endure a
great deal, but am getting weaker and
l don't have as good an appetite as I
used to-"
'You have some sons in Holton,
haven't you?"
"Yes, 1 have three boys, aged II, II
and years. I have two children dead
a boy and girl"
| Osbon chatted on for some time and
seemed to be in good spirits. He thank
ed the reporter for calling on him and
regretted that he could not tell
him anything about his case.
81 know you fellows have
to get the news, and the public would
like to hear from me, but can't say any.
thing now" He walked into the prison
er's room and the great iron door closed
tight and Sheriff Hindman turned the
| brass key.
Mrs. Osbon and Estelle left Saturday
evening for their home in Holton. Es-
| telle is employed as a stenographer in
| Topeka. The ladies of the Social Purity
league accompanied them as far as To-
peka.
! The Handle brothers have left the city,
as have also the witnesses.
The next trial will 6e held here, unless
a change of venue is made. Either the
! prosecution or the defense may secure it.
| Nome of the evidence that was taken