The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-28
THEY COULD NOT AGREE
The Court Discharges the Nelson
Herrison Jury.
OUT FORTY-EIGHT HOURS
The Court Establishes Novel Precedent
Jury Returned a Verdict That
They Agreed to Disagree.
Two to Ten.

The jury in the case of Gus Nelson and
Martin Herrison, the two men tried for
murderous assault on Gus Johnson.
was discharged at noon yesterday by
Judge Clancy as they failed to agree on
a verdict after having been out nearly as
hours In discharging the jury the judge
established a new, and perhaps a novel,
precedent by requiring them TO write out
d verdict tnat they agreed to disagree.
The jury was brought into court at II
o clock, looking tirea and Worn out.
We'll have you agreed on a verdict
asked the judge, after the jurors had
been poled.
Il am sorry to report that we have
not replied Foreman Arnold. I'VE are
in exactly the same CONDITION that We
were last night"
''Then YOU nave agreed to disagree?"
said the court.
According to my mind we will never
be able TO agree" said Arnold.
Judge Clancy then toia the jurors that
the way to DO would be to write out a
verdict to that effect. and suggested that
they retire to their room again and write
out a verdict that they had agreed To
disagree.
.'but we have already decided that we
cannot agree" said one oil the jurors.
Then YOU ought TO bring IN verdict
TO InaI erect. Sd4u lHt luuEF, anu IG
handed the foreman sheet of blank pa
per and sent them out again.
They had been out AGAIN about 10 min
utes when 1t occurred to the judge that
the case might assume a supremacy RI
diculous phase If the jury should refuse TO
agree TO verdict OF disagreement.
well, this thing is becoming serious,
he said, III that jury can't agree 10
disagree"
About five minutes later, however they
returned into court again and the fore
man handed the verdict to the judge, who
read Ii himself.
I'VE. the jury in the above-entitled
cause, agree to disagree.
The verdict was ordered filed and en-
tered upon the records. The. jury was then
discharged.
..You have made a fair record" said
the judge in discharging them. This has
been one of those eases where the evil
dence was very conflicting and contradic-
tory, and | can't blame you for not agree
ing"
The jurors in the case were W. II. Ar
mold William Peters Michael Lehman,
Peter ]. McDermott. James Byrne, James
Davidson, Dom Bertoglo William Nank-
iveli, Isaac Nadeau, Richard Barry, sner-
man Vance and Tolman Barnhardt.
Before separating the jurors agreed
among themselves to give out no infor-
nation as to how they voted though
several of them stated that there was no
change from the first ballot, and it Is
understood that that was 10 to in favor
of a verdict of not guilty. The two men
who favored A conviction would not give
in.
The defendant Nelson was returned to
Jail. where he has been since Dec. 3, the
night of the assault, and Herrison was
released on his former $500 cash bond.
but it is likely that the county attorney
will ask the court to increase the bond.
Before the men are put on trial again
Mr. Connolly will make another personal
inxe stigation of the case and will make
a closer examination into the character
of some of the witnesses. and If he con-
clndes to try the men again the trial will
probably be had at a very early date