Evening journal., 1898-05-30
THE TWO STOOD OUT.
Nine Jurors Wanted to Acquit
Bert Trusty.
THERE WILL BE ANOTHER TRIAL
COURT KEPT THE JURY OUT FOR
FIFYTY- TWO HOURSL WITHOUT
AVAILe-NOTES OF TOIDAY's
CIVIL BUSINESS.

On Saturday morning the jury in this
case of the State VS. Albert Trusty.
colCred, Indicted f0u kiIlng Fanma
| kelley. went out, and before might IL
was apparent that Julian Walker theal-
tOrney fer the defence, by his palm,
common SENSE conduct of the case, had
succeeded In hanging the jurors They
/ reporyad crJe Disagreement on Satur-
day, but were sent back by THE chief
! Justice. The court left instructions to
| telephone for one OF the Judges il a
verdict wals 1aachtd before 730 O'Clock
last might. AT that time the men could
not agree and hhs lballiff locked them
up 1or the might.
When court convened this morning
the Trusty jury was still out, and re-
ported 10 the judges that no agreement
had been reached.
IL Is expected that on Wednesday the
Court CT Oyer and TeTmlner will sen
tence William Fisher, cOlored, to be
hanged. An appeal to the Supreme
Court will be taken Immediately.
Tn the appeal case OF Thomas r.
Shea, d. ID. a., vs.. Agnes Kerr, D. b., r.,
a continuance was granted until this
next term. A similar order wais made
I'm the case OF Thomas Y. England VS..
the Mayor and Council OF Whining
, ton.
The plaintiff i'm the case OF James +.
Savin VS.. john Brewer obtained psr-
mission to file am additional plea.
A Jury was DRAWN to-day to try ihc
R appeal case Of Richard IL. Lodge. y. b.,
A., VS.. A. l.. Ainscow, d. b. n llilbrn
Chandler represented Lodge and Judge
b Eall and WigTam Michael Byune APP
pcared for a. j.. AinscOw the present
member of The firm. The court below
+ gave Ilcdge a verdict FOR Si66 with
Interest from December %. 1895, fol-
l. work and labor dome, which Judgment
4 Mr. Ainscow considers unwarTnnltc.
.e and seeks 10 upset.
m Lodge testified as to the work he DIX
for THE Ainscows.
IN In the appeal case of THE People
,s Furnishing Company VS.. HARRY alfir
M banks. II c. Conrud, for the plainuin
n and William r. Lynam for tine defend
sl ant, Judgment for $25 was given in n
I'M, vor of Fairbanks.
90 DISAGREEMENT ACCEFTED.
AL 1926 O'Clock llhis AFTERNOON Az
4, ltorney- General White asked the cou4
to order the Trusty jury TO come init
81, count. Later on he and Deputy Az
torney- General Peer l.. Cooper Jr
70, hrd conference with that object !
,se view both feeling THAT am agreemer
nt was ont of the question:.
,r- At 1880 the Trusty jury was bnougll
Nv I'M The m,n looked waywor
oe and wearn, untshavcn and 'aInthlor
.or. Some Of them were mad- The fOr'
,n man stated ihat thare was NO prob
h,s bility OF agreeing. The court expires
81 ed its regret THAT am agreement ha
,oe not been reached after tlfty-two hour
mn delibeation. Am hut those on the gen
he. era. panol were discharged from fu
,nt :her service at this term.
vae On the first ballot, taken on Satlu
re- day morning, the jurors stood ak &
conviction 10 six for acquittal. On II
be next ballot mine were for acquittal an
~, Three for conviction. On Saturday a
- temoon ain but George b. Ward an
nd LEROY Roberts voted for acquiit.
"a From THAT time TO the time Of the
,lfc discharge these two men stood out Z
tbo conviction, while the mime were equf
'n, ly firm for acqulttal
,1, Court Stenographer Hardesty Is avn
,ho to-day and llis deputy, Harry r. Ma
tindale. took the proceedings OF ecu
,oi Attorney General White says THAT
n,, Will try Trusty again.