The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-27
JURY UNABLE TO AGREE
Judge Clancy Sends Them Back
to Their Room.
THEIR MINDS ARE FIXED
They Protested Against q Useless
Hardship. but the Court Wouldn't
Listen to Them-Didn't Want
Instructions.

The jury in the case of Herrison and
Nelson is unable to agree, and so re-
ported to Judge Clancy last evening. af-
ter having been out about Is hours, but
he refused to discharge them and sent
them back for further deliberations, al
though they told him 1t would be waste
of time and a needless hardship on them.
They first sent in word about $3.50 yester-
day afternoon, but the defendant Henri
son could not be found until Z o'clock in
the evening, although his attorneys and
the sheriff's officers searched the town
for him.
When the defendant and the attorneys
were finally rounded up the jury was
brought in and then Herrison walked out
of the judges chamber, followed by the
judge himself.
Il suppose you want further instruc-
tions," said the court to the jury.
mo, your honor, we want no instruc-
tions," replied w. H. Arnold, the fore
man. I'VE have carefully considered the
case on the evidence and the instruc-
tions of the court, and we now want to
report that we will not be able to arrive
at verdict. / would further say that the
minds of the jury fixed and settled
that it will be impossible to bring them
to a state where we could agree on YER
dict that would be fair either to the state
or the defendants, and We wish to submit
the case to the court in that condition.
oh I could not receive it in that way"
replied the judge ..Ill give you another
instruction, and that may help you to
arrive at a verdict
Juror Davidson also protested that 1t
would be useless to consider the case
further I'VE have now been out over 26
hours and we are just where we started
from"
Mr.. Connolly suggested to the court
that as the jurors did not desire further
instructions, he knew of no authority by
which the court had right to give them.
well. / think I'll give another instruc-
ton anyway" replied the court, land
will send you back, and if you don't agree
by noon tomorrow / will then discharge
you
There is not single juror who has ex-
pressed a desire for additional instruc-
TONS said Mr.. Arnold, but If the court
wants to give a further instruction it
is all right. l think, however, that it is a
wast< of time to further deliberate on
this case, though we most obediently SUBJ
init to the court"
The judge concluded finally not to give
another instruction if it was not wanted,
and said he did not feel disposed to dis
charge the jury, owing to the great cost
of the case, and he thought the jury
might yet reach an agreement.
MT. Connolly ana MI McGfernan tired
to agree on discharging the jury, as the
law provides that it might be done by
consent of attorneys, but the judge would
not have it, He instructed the sheriff,
however, to provide the JURORS with beds
which was done. and being tired from
being up all the previous night, they re-
tired early.
Herrison was warned to be on hand to-
day or his bonds would be forfeited, and
after receiving that admonition he left
the court room with his wife, who had
been waiting in the judges chamber. His
partner, Gus Nelson, was returned to
Jail.
Gus Johnson, the prosecuting witness,
and the man who was SO nearly MUIR
dered by his assaiants, was told by some
one that the jury had convicted them, and
he almost believed it for awhile though
he said he was not surprised