Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-22
Five Years in Prison the Highest Punish
msnt That Was Favored.
TO DE TRIED AGAIN NEXT MONTH.
The Date VIII be Fixed This Morn
VIII Make Application for Bail
1--WE have not agreed"
Result Not n Surprise.

1--WE have not agreed"
These were the words which fell from
the lips Of Foreman Hill Carter at the
county courthouse yesterday morning,
and upon his assuring the Court that
there was no likelihood of an agreement
being reached by the jury, which had
FOR a week been considering the case of
James Penrose Carter, charged with the
murder of Charles Fox Moore, Judge
Wickham discharged the jury for the
term, and Carter will have to be tried
again.
The failure Of the jury to agree upon a
verdict was not a surprise 70 the public,
for it had been predicted for a day or
two. and was forecasted in the Dispatch
Sunday morning. Carter was not sur
prised either, though he was bitterly dis
appointed. Tor while he had expected n
mistrial, he had hoped for an acquittal,
and his brother, Mr.. r. r. Carter, ap-
peared to be exceedingly displeased that
a verdict Of acquittal was not returned.
Carter entered court yesterday morning
uN ~ " NibNh hRBtdiliAS IlOIt utlNOUS imam
he had since the trial commenced. His
face was haggard and his eyes looked
as though he had slept but little since
Saturday night. When the jury entered
the courtroom, n few minutes after 10
O'Clock, the prisoner looked anxlously at
each face. as though trying 10 read his
fate in their features. His wife, who had
sat by him during the trying moments
Of his case, and his daughter, were also
in their accustomed places, and they, too,
scrutinized the jury.
NO VERDICT REACHED.
Not an inkling of what was to come
from their lips was given by the express
sions Of the jurymen, and after they had
answered to their names. Judge Wick
ham, without asking if they had agreed
upon a verdict, sent them to their room
to consider. There they remained for
more than an hour. when they were again
brought out, and again did they undergo
an anxious scrutiny from the prisoner
and his loved ones. This time Carter was
kept but a short while on the anxious
called than Clerk Waddill arose and
asked:
Gentlemen Of the jury, have you agreed
upon a VerdictY'
Every eye in the courtroom was at this
moment focused on Foreman Carter. He
slowly rose from his chair, holding the in
strdctiOns Of the Court in his hand and
answered that no verdict had been reach
ed. Carter, though he had wanted a verdict
Of acquittal and has. indeed. based his
hopes upon such. was greatly relieved
when he heard that he had not been con.
victed. and his face showed the great
strain he had been laboring under.
NO CHANCE OF AGREEING.
After a few minutes wait, Judge Wick
him. addressing Foreman Carter, asked
as there any likelihood OF an agree
ment being reached?"
Il think not" replied Mr.. Carter.
Does the jury desire further time IN
which to consider the case?" then asked
the Court.
1T would be useless" said Mr.. Garter
in reply, whereupon the Court discharged
the jury, and the prisoner was remanded
back 10 Jail TO await trial.
Immediately after this action on the
part Of the Court, Commonwealth sat
torney Sands asked that a date be set fOr
the trial as early i'm the next term as pos
sible. Mr.. Smith said his colleague, MIR
Wendenburg was then at the Hastings
Court and he should dislike 10 agre,
upon any particular date without first
consulting him. The Court agreed to con.
slider the matter at II o'clock this morn
ing.
As soon as this matter was settled III,
members OF the jury left their seats anC
began to mingle with the crowd II was
therefore. but few minutes before all ir
the courtroom who desired to know hat
information concerning how the july
stood. Messrs. n. G.. Mcdowell. NJ. T.
Lyme Hill a. Garter, r. A. Hobson, T. w
Scott. Otis w. Brook, j. r. Barnes, anC
c. II. Whitlock were for acquitta of tn,
prisoner. while Messrs. c. A. Bowles, r.
a. Blankenship. w. ID. Wade. and A. ]
Smith were in favor OF rendering a yer
diet Of murder i'm the second degree. ant
fixing the punishment at five years i'm
prisonment.
ONE CAME OVER.
When the jury left their hotel yesterda,
morning, after having spent severa
hours i'm discussing the case Sunday
night. there were seven for acquittaI ant
five for verdict OF five years. After re
tiring TO their room at the courthouse
however, the instructions were read over
and when the instruction which told tn,
Jury that IL any doubt existed on theil
mind they must give the prisoner tn,
benefit OF IT, Mr. G. II. Whitlock, VIII,
had previously been for a five-year term
said he did have some doubt on his mind
and therefore he would vote for acquittal
The remaining four stood firm. and re
fused to agree upon anything less than
term In the penitentiary. hence the mis-
| trial.
1t was stated by one Of the iurymer
that while the majority OF the member,
on the panel believed implicitly what haC
been testified 10 by the daughter, ther,
were others who did not believe that sh'
| had seen the AFFAIR at all.
When the date for the next trial &
| fixed to-day, the attorneys for the de
fence will ask for ball FOR their client
though II is hardly likely that IL will b.
| granted.
INTEREST IN THE CASE.
| No trial which has been held In thi
| city since the famous Cluyerius case ha
| attracted more attention here than tn
| Carter case and on the streets YESTERDAY
the action of the Jury was discussed free