Kansas City journal., 1898-02-20
UNABLE TO AGREE.
JURY IN WRIGHT BROTHERS MUIR
DER CASE STILL OUT.
ARGUING OVER PUNISHMENT.
THOUGHT ONE OF THE BROTH
ERS MAY ESCAPE.
Defense Made Out a Weak Case and
Few Look for an AcquittaI-f
Jury Agrees the Judge Will
Receive the Verdict
To-day.
ARGUING OVER PUNISHMENT.

The fury in the Wright brothers murder
case could not agree on a verdict last night
The case was given to the jury at Glib
o'clock last evening. The twelve men re-
tired to their room in the court building
and considered the case till 7:9O o'clock and
then went to their hotel for the night. II
Il verdict is reached at any time to-day
Judge Wofford will be sent for and the
verdict received. If the jury fails to agree
1t will be kept out probably all day to-mor-
row.
The following was one instruction given
to the jury by the court:
Even though you believe that John
Hess and his father were turbulent, quar-
relsome men, the killing of a bad man
unlawfully Is as much against the law as
the killing of a good man, and if the de-
PENDANTS voluntarily entered into the diff
Guilty, they cannot plead self-defense.''
Under this instruction, taken in connec-
tion with the evidence and the rest Of the
law In the case, it seems impossible that
the jury could do anything but convict,
unless the jury had been tampered with
The evidence of wanton murder was over
whelming. Practically the only evidence
introduced by the defense was TO the effect
that John Hess and his father were quar-
reisome, and the foregoing instruction by
the court would wipe all of that out
1t was generally believed last night that
OF punishment. 1t could return a verdict
of first or second degree murder. 1t was
thought that Arthur Wright, who fir ed the
shot that killed John Hess, would surely be
convicted, but that Harry Wright might
escape.
The arguments to the jury began when
court met yesterday morning, and did NOT
close TIL o'clock last night. The court
room was crowded with people listening to
the speeches of the attorneys. Prosecutor
Lowe opened the case for the state in a
short speech; He was followed by David
Ball, of Pike county. for the defense
He made strong speech. lasting two
hours. T. J. Hacker, of Lees Summit
spoke next, and then court adjourned for
the noon luncheon.
made in the case had gone abroad during
who was engaged by the Hess family to
sSsist sSecb the Pros would make the first
any me E But pisf Mr @saee Wa esuriE00n IS Famed si
county as a powerful speaker to a jury
and when court opened not half the people
who went to the court house could get in.
Mr.. Wallace did not disappoint his hear
ers. He made an eloquent address of two
hours. During his speech the entire Hess
There we're william 'hf HeEs father Of the he
and his children. viii. George. stella, Eva
the speech Of Mr. Wv Wallace. lac sand and so Sa'th did
many others in the courtroom at certain
parts of it.
The closing part of Mr. WaIlace's speech
done Sunday afternoon. Mr.. Wallace pict-
ured in poetic language the peacefulness,
the beauty and the holiness of a Sabbath
day in the farming districts of Jackson
county. He described the Hess farm lying
tranquil and at rest. He told of the church
bells ringing, the choirs singing, the coun-
try minister In his pulpit. He pictured the
cattle lying lazily on the hillside in the
cause they knew it was the Sabbath. and
the day of rest. Even the prairie chickens,
usually shy Of man and his habitations,
flew low and slowly over the farmhouse
the Sabbath day there was none so sac
rilegious to molest them with guns.
Mr.. Wallace told how old Mr.. Hess had
raised family of seven boys and girls to
painted the old farmer helping his boys to
water the stock that Sabbath afternoon,
moving slowly because 1t was the holy Sab
bath, and only such work was done by that
God-fearing man as was absolutely neces-
sary. He told how the old gentleman
stopped occasionally to look over the farm
he had toiled through lifetime to acquire;
and to gaze proudly on the two sturdy sons
who were helping him. Then, suddenly.
like plague from out some masmatic
night came the two Wright boys with mur-
der in their hearts. He described so graph
ica1ly the horror of that murder that men
in the courtroom shuddered.
Away down there, in Prairie township.
said Mr.. Wallace, there was a new-made
grave, little mound of earth upon which
the flowers had not yet bloomed although
II was watered by the tears of brothers
and sisters.
who spoke for an hour and a half, and
Prosecutor Lowe closed the case.