Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-11-02
JURY IS RELEASED.
That in the Behrens Murder
Case Falls to Reach
An Agreement.
IT WAS OUT FOB FIFTY HOURS

IT WAS OUT FOB FIFTY HOURS.
Judge Wats rman hays Down the Law -
- the Dasy Of Taose who Are to Deter
mine the Rssuls n Such Oaess-Ths Re-
spra for Further Instraotions Before Fla.
sns Rspestiag to Oosrs
The jury in the trial of the
case of Mrs. Christine Bshrens,
charged with the murder of her hus-
band. in the Scott county district
court at Davenport. has gone the
same way that the jury did on the
hearing Of the trial of Adolph Lues-
gert in the Cook county circuit
court at Chicago, arraigned for kill
ing his wife. It has failed to agree.
It was dismissed by Judge Water
man ut s O'Clock last evening. after
being out 80 hours. John Temple.
the foreman of the jury, stated that
after due elaboration the Jury had
found it could not agree, and had
been in the same condition for "a
hours. Judge Waterman said that
he did not wish to keep the jury Sc
cluded and punish any VINO were
voting according TO their belief.
Now that the jarymen were dis
charged. he had one word to say.
That the courts we're often criticised
for not giving Justice. The Judge
said he neither knew nor wanted 10
know how the jury voted, but the
county attorney had q duty to per-
form and he performed 1t; the court
had such duty also. and had per-
formed it. The petit Jury alone had
not performed its duty. II it had been
one man hs could not have disa-
greet. The action of the petit Jury
would simply cost the taxpayers Of
the county thousands of dollars.
The last exhortation of the Judge was
for the jury not to 90 and criticise
the courts, il 1t had not done what
it should have. Temple, the fore.
man. replied that the jury had tried
to do its duty and thought it had.
Judge Waterman said shat. never
theless the case would have to be
tried again. and over and over again
il necessary. until q jury could be
found that could decide on it.
Called In During the Day.
During the day Mrs. Behrens Wal
brought in from the Jail. The attor
neys In the case were summoned
Judge Waterman having announced
his intention Of calling in the jury
to ascertain if any progress had beer
made. As soon as Mrs. Behrens tool
her ssat in the court room she bars,
out crying and wept quietly all tn,
time that the jurymen we're in theil
seats. When she jurymen took theil
seats. Judge Waterman said: "Yor
gentlemen do not seem to hav,
agreed. Is there any prospects o
your reaching IN agreement" Johr
Temple, who seemed to be looked t.
as spoA by several of the jury
replied: your honor. We have de
liberated informally, but We can,
get the meeting to order. We hav,
tried to do Justice to both sides
but cannot Soy am satisfied mysel
that We have dsliberated the thing .,
. whole" The court asked II 1t wa
question of Law upon which they
disagreed. ssying that II there va
suoh . question he could make an at
tempt to settle it. II the question
was upon . disagreement Of s-cs. tn,
court had no right to say anything
William Bucks, who was evidently
the leader of the other portion of tn,
jury, then addressed the court, say
Ing the Jury was as far from al
agreement ss 1t had been Saturday.
The court asked again II it was
disagreement ON facts. and the speak
or replied that IL was. Judge We
termau then read another page o.
Instructions to the jury which he hat
just prepared. The jury was tolG
that it was practically the sam,
evidence that was before it that
would have to be presented to anoth
er jury in. case of . disagreement
and the judge saw no reason WHY
this jury was not able to decide upoi
. verdict - we'll 90 any other 1.
men. mo private opinion should
keep you apart" ran the instruc
lions. "You should not hold your In
dividual opinion ~ much as yor
should endesvor to arrive at q RICH
verdict. No man should hesitate 10,
an instant to give up an individua
opinion % soon ~ he IL convinced
that he 10 wroDg.". 1t WAS Q remarks
bic secretive jury, and II was sale
that even the baili6 in attendanc,
could gain no Information % to how
the members stood.
II You Are Rsosiseo