The times., 1899-04-02
NO VERDICT IN THE
DAINGERFIELD CASE
Jury Last Night Announces Its
Failure to Agree.
Judge Nicol Discharges the Twelve
Men Until Monday.
The Court Hopes That n Decision
May De Renched, Thus Avoid
ing Second Trial.

Alexandria, Va, April 1.-After two
hours deliberation tonight. the jury in
the Daingerfield will case failed to reach
a verdict, and at 12 O'Clock was discharged
by Judge Charles Z. Nicol until o'clock
Monday morning. NJ. B. Harlow, foreman
OF the jury. announced 1t had not reached
verdict, and was of the opinion that
an understanding could not be arrived at
at present. He was supported in his state
ment by W. II. May, member Of the jury,
who also informed the court that it would
avail nothing to lock the jury up in
definitely. In his opinion, verdict could
not be rendered during the night, and
perhaps not at ALL
Considering this and in view of the fact
that the expense entai,ed by the tr al of the
case had already reached figure between
$4,000 and $1,000, Judge Nicol decided that
it would be advisable TO obtain a verdict
IL possible from the present jury rather
than to undergo the additional expense
consequent upon the impanneling of a
new jury and trying the case the second
time. Judge Nicol admonished the MEM
bers Of the jury TO express no opinion on
the case and to allow no expressions of
opinion in their presence. He enioined
them TO absolute secrecy and informed
them that the court would fine or imprtson
anyone guilty Of violation OF the in
junction or a failure to minutely observe
1t.
II was $50 O'Clock tonight when the ar
guments were concluded in one Of the most
celebrated cases ever heard in the Circuit
Court for this city. The trial of the Dain-
gerfield will case has almost wholly alb
sorbed the attention of a majority OF the
citizens of Alexandria. and has doubtless
ATTRACTED much interest in this entire sec
ton on account of the prominence OF the
parties to the contest. Little else has been
talked of, and during the past six days the
spacious courtroom has been crowded with
Alexandrias most prominent citizens, who
have manifested the keenest interest in all
Of the proceedings.
Judge Charles E Nicol, before whom
the case is being heard, is considered 10 be
the ablest jurist In the State of Virginia.
John Morgan johnson, Eppa Hunton jr.,
and Charles Bernard Carter, the latter OF
Baltimore, counsel for the plaintiffs in is
sue, and Edmund Burke, R. Walton Moore,
and Samuel G. Brent, counsel for defend
ants in issue, are recognized as among the
most brilliant members of the bar of Vir-
ginia.
In their efforts TO sustain and defeat the
viii, respectively, the personal character
and home life of almost each member of
the Daingerfeld family has been venti-
lated. Scenes and incidents OF past years
which were known only to the members
Of the family, which were thought TO have
passed into oblivion, have been resurrected
and have been the objects of rldicule pa
thetic expressions, and condemnation. In
cidents In the home life of the DANGER
field family, which doubtless at the time
OF their occurrence were passed unnoticed
have been presented before the court to
influence the disposition of fortune The
testimony taken during the six days ses-
sion of the court fills nearly one thousand
typewriter pages.
Long before the hour set for the opening
Of the court this morning large crowd
e.
and when Judge Nicol took his seat there
was hardly standing room in the court
room. The judge stated that he had for
mulated the instructions to the jury which
were submitted to him by counsel last
night, which he then proceeded TO read.
He further announced that recess would
be taken from u TO / o'clock
John NJ. Johnson, of counsel for con-
testee, began his argument. Mr. johnson
spoke for two hours, during which time he
reviewed the testimony and contended that
they had proven clearly that the testatriy
at the time OF the execution of the will
possessed not only testamentary capacity
but that she was free from undue infiu.
ence. In referring TO the numerous let
tiers received by Mrs. Carter from he
grandmother. Mr.. johnson Dathetically ap
pealed TO the jury and apologized for hav
ing been forced to exhibit the letters Of tn
deceased in court. His appeal drew tear
10 the eyes of his clients, and more thai
once the speakers voice betrayed his emo
tion. When the noon hour arrived MI
johnson had not concluded his argumen