The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-04-11
The aa1ieha Daily Eagle: Saturday orniug April H. 1896


| side the burden Of evidence existed,
verdict should be rendered in favor o.
| that side.
Men were chosen to represent boil
sides. and the testimony was gone ovel
again, and for a time ii looked as If ar
agreement would certainly be reached
From the same reliable source it wa;
| learned that under this system the in
surance companies were getting the bes
| OF it, and in all probability would have
been given a verdict had not one juror
| refused 10 stand bytheag reement, and
| also refused 10 say how he would vote
| This, of course, destroyed all chance:
| OF a verdict and resulted in the jury
! being discharged.
According TO this statement there
were eleven jurors ready 10 vote IT
! favor Of the insurance companies, and
one man virtually hung the jury. Some
| of the jurors were of the opinion thai
| a verdict would have been reached in
any event within twenty-fOur hours
more, and the attorneys for the insur-
ance companies were regretting last
night that they had asked to have the
jury discharged. 1t was stated by
them that the reason they did consent
was the fact that the foreman of the
jury had stated TO Judge Williams that
the jury had exhausted all resources
and were unable TO agree. They could
not the attorneys said, see any hope,
and for this reason alone consented. II
was stated that it was c. J. Peck of
Council Grove who stood out against
the insurance companies.
Mrs. Hillmon's attorneys claim the
jury stood evenly divided. Juror Peck
juror, however, would corroborate this.
L. B. Wheat, one Of Mrs. Hillmon' s
attorneys, was seen last night and ask
ed if he had any statement to make in
behalf of Mrs. Hillmon. He replied that
ne had not.
''Will the case ever be tried again?'
was asked.
Mr.. Wheat answered: Don't you
know enough to stop asking questions
when a man tells you he has nothing
TO say?"
Sam Rogers was in about the same
state Of mind. He accused the reporter
If being in league with the insurance
companies, and claimed that the news
papers generally were prejudiced and
had worked against them in the diff
ferent trials of the case. He declared
that it was a public scandal for the
jury, the stenOgrapher, the bailiff and
newspaper men TO take supper at the
Troop with the Insurance attorneys
1t was enough to make man an an
archist, he said. But they were ready
TO fight the case again at any time.
The jury took supper at the Throop
last evening after they had been dis
charged from further consideration Of
the case. Eleven of them were present,
including Mr.. Peck.
As it now stands 1t looks very much
as if the case would be tried again.
Both sides have made known their de-
termination to fight it out if the other
side wants it that way. The attorneys
for the insurance companies say that on
Thursday they made a proposition 70
the other side to abide by the decision of
the majority of the jurors. This was
refused. They also made another pro-
position, which Is still open. The in
surance companies stand ready to try
the case before the five federal judges
who have tried the case and abide by
the decision of the majority.
The outcome of this trial indicates
]. c. Young, the man who hung the
jury at the last trial. They claim that
all manner of false and damaging re-
pm - AAd ft bCG4l NlAOuldLcu against MIN,
in the effort to create public sentiment
in favor of Mrs. Hillmons side of the
case. He is still living, notwithstand-
ing the fact that he has been reported
dead many times. Young is now livin..
at Marion, Kansas.
None of the jurors who were dis
yesterday feel that they would
Ike TO go through another trial. They
say that their accommoda tons at the
federal building were very poor and
they suffered much in consequence.
Some of them had only a few hours
sleep during the time they were in the
jury room. One or two were sick for a
short time, but not seriously. They all
stood the ordeal better than they ex-
pected, but they all said they had a
great plenty of the Hillmon case.
Following are the names, ages, places
Of residence and politics Of the Jurors.
a. Burghart, age 90. Topeka, Demo-
crat.
]. E. Mccullough, age 56, Belleville.
J. W. Gibson, age IS. Abilene. Repub-
lican.
s. V. Fulton. age SO, Russell. Demo-
crat.
o. H. Shepard. age 50. bennington,
Democrat.
r. Clark. age So. Osborn. Democrat.
J. II. Hatch, age g., Seneca, Repubu-
can.
r. B. Smell. age 80. Monument. Demo-
GRAFT
H. A Hester, age 4s, Smith Center
Democrat.
c. J. Peck, age O.. Council Grove, Re
publican.
John Norton. age 50. Sharon Springs.
Democrat
Had Mrs. Hillmon been given A YER
dict this time the amount she wouId
have recovered would approximate SAC /
500, and about $1,000 in costs. This trial
OF the case viii cost the government
about $1,000. In all the five trials have
cost the government in the neighbor-
hood Of s.. 900.
By this evening all the lawyers will
have left Topeka. Mrs. HiImon viii
also leave for her home today. She /
seems 10 feel worse over this failure /
than any Of the others.-Topska Capital I
FIRST BCRGLAR-.'Now mind yer. Bill. No /
murder Second Brglar-''Whv notIH /.
lrst Burglar-''It's slch reflection on yer !
sanity Truth.
He (gallantly)-'I couldn't kiss anyone I
lut you, dear.' Shelf that's the case. /
-ou can't kiss me San Francisco Wave.
WICkEDNEsS may prosper for awhile. bur 4
i the long run he that sets all kuayes AZ /
work VIII nay them.-L' EStrange.
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