Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1896-06-11
Dr.. perry,s Trial-A Hung Jury.


The jury in the ease of DR.. Perry
returned into court Tuesday evening,
after being out twenty-fOur hours, and
announced to Judge Faulkner that
they could not agree upon verdict.
The defense opened its case Thurs
day morning. DR.. NicOdemus, Of Fred
erick, was put on the stand to contra
diet the testimony of DR.. Edmonds, a
microscopic. Several witnesses were
introduced to contradict Slagle Soud-
ers, a State witness, who testified to a
confession to him by DR.. Perry Capt.
Eugene Baker was called by the de-
Tense to contradict the witness Smith,
convict brought from the penitentia-
ry,who testified to a confession by DR..
Perry. Captain Baker said that while
on the way to the penitentiary with
Smith to serve his sentence Smith told
him that DR.. Perry never confessed TO
him and that he had told the prosecu-
ting attorney the story Of the alleged
confession simply to get a trip from
the penitentiary back to this county.
Two witnesses testified that Miss john
son told them that DR.. Perry had not
wronged or injured her in any way,
Others testified that they saw Miss
johnson soon after the alleged assault
and she appeared calm and made no
complaint to them The defense then
introduced several expert witnesses
who testified to the effect of chloroform
producing hallucinatiOn.
Friday Drs. William NELL, J. D.
Starry, James NJ. Ransom, j B. Bish-
op, C. F. Foulke and Dr. Vennig, all
of Cbarlestown, testified to the effects
Of chloroform and that they believed
the charge made by Miss Johnson was
the result Of hallucination. Mrs. Per-
rv. wife of the accused, testified to 60
ING to her husbands office Just at the
time Miss Johnson SAYS the assault was
made and she found Miss Johnson calm
and heard no complaint from her.
Saturday was occupied in taking eX-
pert testimony for the defense and re-
buttal testimony for the State, The
taking of evidence was closed Satur-
day and Monday morning the argu-
ment began with the opening OF the
case for the State by Mr. VIM. R. Alex
ander, who spoke for two hours. The
case was opened for the defense by Mr.
James NJ. Mason, Jr., who spoke an
hour. He was followed by Capt. George
BAYLOR in a speech for one hour
Judge Daniel B. Lucas in fine speech
of two hours closed the case for the de-
Tense. He was followed by Prosecu-
ting Attorney F. W. Brown, who IN an
able speech, which lasted two hours
closed the case for the State. During
the entire day the courthouse was
crowded to its utmost capacity with
eager listeners to hear the arguments
in the celebrated case, which has at
tracted attention all over Jefferson
county and adjoining counties of the
State.
The case was accordingly given to
the jury on Monday evening, who hay
ing it under consideration until about
6 o'clock Tuesday evening without a
verdict, were brought into Court and
upon expressing their inability tc
agree, and the lack Of any prospects OF
doing so, were then discharged. 1t is
understood thejury stood nine for con-
viction and three for acquittal.
The defendant was admitted to balI
and the case will go over until next
term, in November.
DEGREES in a number Of Chancery
cases were entered on Tuesday and
Wednesday, and the Court adjourned
for the term Yesterday.