The times., 1897-06-05
TIMAYENIs JURY DISAGREED.
They Stood Eleven for Acquittal
and One for Conviction,

| After twenty-one hours deliberaton the
| jury iii he case OF the United States against
| TeleIuaque T. Timayeni came into court
| yesterday morning ard told Ciief Justice
/ Bingham that no vei dict could be reache
| and that there was no probability of an
| agreement.
The court therefore discharged the jurors
and the case was continued until some
| future date. II is tkCUght that 10 further
steps will lie taken il the case by the
district attorney, and that the charge OF
violating the United States statutes VIII
be dropped. When tie jury retired Thurs
day afternoon at $40 o'clock, those who
had followed the tiial during its Iun OF a
week thought that an eaIly verdict would
| be gwen, and many predicted an acqmttaI
upon the fist ballot. When the hours
began to pile up and the chief justice
ordered that the jury be locked up Tor the
night 1t became apparent that the struggle
would be a protracted one.
When the first ballot was taken ten
stood for acquittal and two for convic-
ton. On the second ballot the result
announced was eleven to one This ballot
was taken between and O'Clock
Thursday afternoon, and despite the
juror remained firm in his stand for
conviction. At intervals during the night
ballots were taken, but they were al
ways with ote result-eleven to one, and
early yesterday morning when Worn out
and jaded with the vigil another ballot was
ordered, and it was found that me
one juror was still adamant and showed
no signs OF relenting, so when the jury,
in response from a message from Chief
Justice Bingham, filed into the court
room at 10 O'Clock yesterday morning.
Foreman Thomas Francis, jr, told the
court ttat the jury had been unable To
agree. Chief Justice Bingham directed
that they go back to their quarters, and
he would send for them again at noon
At 11:40 O'Clock they came into the
room again and announced no verdict
Chief Justice Bingham asked If all
means had been exhausted to reach
satisfactory verdict or if they were Of
the opinion that any verdict could be
had. Upon being answered ill the Mega
tive, he discharged them from further
service
Mr Timayenis was readnitted to bail
in $500 and the case was continued in
definitely.
1t is the impression OF many that on
account OF the status of opinion held by
the members of the jury, as learned from
one of their number, the case against Tina
yenis will be abandoned, though District
Attorney Davis said last evening that he
had no such intention. The case has at
tracted more attention than any ofa SIM
liar nature that has ever been heard in
Washington.
The specific charge against Mr. Tina
yenls was violation of section 3S93 United
States Revised Statutes, as amended by
act of Congress of September 1888, and
the grand jury at the Januar term tndict-
ed him upon two counts for sending OBJ
scene matter through the mails The let
ters in question were sent September II
ana 1e, 1896, addressed, one to Solon j.
Vlasto and another to s. j. ylasto, and
4 Stone street, New York city.
The letters in question were opened by
Demetrins Vlasto, brother OF Solon
vlasto, who sent them to the General
Postoffice Department, and requested that
the writer be prosecuted. Nj. Timayenis
was then In this city directing the produc-
ton of his tragedy, ''In Search OF Happi-
ness,' by Robert Downing and Eugenia
Malr The postoffice authorities placed
the matter in the hands of District At
torney Brney, who caused the arrest of
Mr Timayenis.