The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-25
While Five Were in Favor of InfiCt-
ing the Death Penalty.
ONE FOR THE PENlTENTIARY
-Four Ballots Were Taken by the Jury
The Case To BE Retired at the
November Term Of the Coun-
~ COurt-COmmcnts OF
Some Ofthe Jurors
Yesterday.

The jury which has devoted the past
ten days go hearing the evidence adj
duCcd in the trial OF James penrOse Car.
Ter. charged with the murder Of Charles
J.. Moore announced at ~ clock yester-
dag that 30 was unable 10 agree, ana was
discharged.
Immediately thereafter Commonwealth
Attorney sands announced TO the Court
That counsel ou either side had agreed
on the hrst Monday in next month as
the time for The ihird trial of the case.
10 is not likely that it Will be taken up
ou that day but the chances are that 10
viii surely be disposed OF some time dur
Ing the January term lt is the concen-
sus Of opinion that the next jury Will
como from some other section of the
country, ass 30 seems-ciIcut that twelve
residents of the county in which the
homicide occurred viii never be able TO
agree after the wide publicity which has
been given 20 every detail in the case.
LONG CONSIDERATION
Tho jury was out considering the case
from 124j o'clock Thursday afternoon
until noon yesterday. whom they asked 20
Do brought into court and the foreman,
Mr. b. r.. Bondle, stated to Judge Wick
ham that they had reached no decision
and DE could see no probability OF their
ever agreeing. In dischareing them. the
Court said:
"I am extremely sorry for many rea-
sons that YOU have not been able 20 reach
decision. ] realize. however. that you
gentlemen are entitled 60 your conyic-
tious. and that it would be wrong iu me
60 attempt to force you to verdict.
You are discharged
The case was carefully and impartially
weighed by the jury as Was shown by
al of their actions. and they We're gene
uinoiy anxious t0 reach some unanimous
decision. 10 was placed in their hands.
as stated. at 1875 O'Clock yesterday and
one ballot was taken soon after the re-
suit being as follows:
SIX FOR ACQUITTAL.
For aequitiai-Mcss b. j.. Bonde
William ID. Turner. w. S. Brockwcn
John Couart. r. r. Childress ana Thomas
Benefits.
For hanging -Mcs-rs. Charles Lenhau-
ser. II. g. Wakefield, Arthur Cornwall.
a. F RUSSELL and Frank Yahiey-5:
For imprisoumcnt-Mr. John j. Can
field
The matter was then earnestly dis
cussed. but no further ballots were taken
until the jury was shut in fits room at the
courthouse yesterday morning. Then
tho balloting began again. the first taken
resulting as above recorded. soon after
wards another was taken. and the result
was as follows.
For imprisonmcnt-Messrs Garfield
Wakefield. Fusseu. Yahley Turner
Brockwell, Bendie. Chldrcss. and Ben
uett-9
for hangine-Mcssrs. Lenhauser and
Cornwall
For acquittal-Air Coltart
a FIRM STAND.
on the thiri ANA iast ballot the Jury
Went back 20 its original staud-six for
acQuittal five for conviction. and one for
imprisonment 10 then became apparent
that there was no possibility of am agree
ment
There was only n fair-sized crowd |
present whom Court convened at 10 O'Clock !
yesterday morning. The twelve were !
brought in polel. and the iudict- !
mcrt was given 20 Foreman b. j.. |
Peudle, after which the jury again retired |
to iis room while the spectators waited
patiently for the result
Tine prisoner sat calmly surrounded by |
dis family. Ills nervousness seemed 10 (
havo disappeared, and Doe awaited the /
verdict seemingly hopefully.
At 20 o'clock the jury intimatcd that |
they desired to communicate with tho |
Judge and in fcw minutes they were |
brought into Court.
UNABLE TO AGREE.
Foreman Bondle. being questioned by
Judge Wickham said that they had been
unable to agree and that I'm AN probabi-
llty they never would. The Judge then
dismissed them IN the words quoted
above.
AS the iurymcn were getting ready 20
go 10 their homes they talked freely |
about the case. and said that they cx-
tremely regretted not having been able 10