Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-25
JURY FAILS TO AGREE,
The Second Trial Of the Carter
Murder Case Without Result
FIVE HELD OUT FOR HANGING.
One Vas for Imprisonment and the
Other Six for Acquittal.
BE TRIED AGAIN IN FEBRUARY.
nr. Sands Says He VIII Continue IN
Try the Case So Long as He Can
Secure n Jury. and VIII Not Enter
NolIe Prosequi.

The second trial Of James Penrose
Carter for the murder Of Charles Fox
Moore was, like the first one without
result.
The jury was unable TO agree and
shortly after noon yesterday was dis
charged the Court expressing its pro-
found regret that another mistrial had
occurred. The jury was so divided that
there was no prospect Of any conclusion
being reached.
The final poll was five for hanging one
for the penitentiary. and six for acquittal,
and though at one time eight of the twelve
were willing 10 compromise on a convic-
ton assessing the punishment at con-
hnemont in the penitentiary for a term
Of years. the other four, two of whom
were for hanging and two for acquttal,
were unwilling 10 recede from their origi-
nal position, and hence no agreement
could be reached.
Those who voted for hanging were
Charles Leonhauser, II. G.. Wakefield,
Arthur Cornwall. r. +. Fussen and Frank
Yahley.
Those for acquittal were J. II. Turner
W S. Brockwen. b. f. Bendle, John Col
tart. r. r. Chldress, and Thomas Ben
nett
Alr John J. Garfield stood alone for the
pcnitentiary. he believing that the prison
er was guilty Of murder in the second
degree.
TRIED TO COMPROMISE,
Every effort was made by the jury 10
effect a compromise, whereby they could
render a verdict and save the State the
expense OF another trial -Four ballots
were taken. and then fl being definitely
determined that 20 agreement could be
arrived al. the jurymen sat down and
quietly awaited the pleasure of the court.
on the first vote the gentlemen stood
as indicated above, save that Mr. Chill |
dress stood with Mr.. Garfield for conhne-
ment in the penitentiary. on the second |
vote Mr. Coltart declined TO express him |
self. and the others remained as they |
were On the third ballot Messrs Turn !
or. Bende Brockwell, and Coltart voted |
for acquittal. Mr.. Bennett not voting
the others did not change their position |
on the fourth ballot. however Mr.. CO! !
tart expressed his willingness 10 join in |
a verdict for conviction of second-degree |
murder, and then all but MessrS Bendle. |
Turner Leonhauser. and Cornwall agreed |
20 join him. They had remained stead
fast throughout the proceedings, and they |
declined positively 10 change
no HOPE OF AGREEING.
The jury was brought into court yes
tcrday morning al IL o'clock but was
not then asked how II stood. the Court
simply ordering 70 10 retire and consider
the case Shortly after the noon hour.
however there was a rap upon the jury
door and Mr. Fussell responding, the
5urymen requested 20 be brought into
court long enough 20 make statement.
when they entered they looked hageard
and worn. and upon being asked if they
had agreed. replied that they had not
1--WE see no possible chance Of agreeing,
vcur Honor" said Mr. Bendle, address
ing the Court
'Wen. gentlemen" responded the Judge
'I see no reason for keeping YOU together
longer. l regret your inability 70 agree
for many reasons but / don't think the
court should longer hold YOU after your
statement. You are therefore discharged /
for the term. and / thank you ana WISH
you an a very merry Christmas. ,
The Jurors lost no time IN leaving the ,
courtroom for their homes oil express ,
ING regrct that they had not been able TO
gree. but delighted that they had been ,
released IN time 20 join their families for I
he Christmas holidays. !
CARTER AND HIS WIFE. {
Another scene was being enacted In an q
.ther part OF the courtroom. Garter ana
Us wife we're sitting close together when
he announcement of The jury was MADE (
Both had been steadfast In their pehel ]
hat an acQuittal would be forthcomIns' /
md they had even made their plans TOT d
lyOus celebration az their country nome c
O-day The failure Of the jury 10 agree v
vas therefore a great disappointment 10 v
hem. ana they took no trouble 10 CON ];
oal A. Indeed, the fact that FIVE OF me Il
welve jury men had been ready 10 demand
he ife Of the prisoner was q great shock q
70 both Of them. for they had never Il
lunted on any such extreme penalty pc K
~ considered. Carter left DE court Il
1Om with his head hung IN the most +;
ejected manner. and hs wife and their G.
lilGren followed behind. They went with r,
he sorrow stricken man 20 his cell, but n
~ him shortly thereafter and returned
their home. "
CARTER IS BREAKING DOWN. al
Carter shows signs OF breaking down ca