Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-03-10
The JURY DISCHARGED.
THE TWELVE MEN IN THE HISsOAI
CASE CAME IN AT O'CLOCK
YESTERDAY AFTERNOON
AND REPORTED NO VERDICT.
THEY STOOD SIX TO SIX ON GEN.
ERAL PROPOSITION,

But Were Eight to Four ON Prop
osItion to Give Plaintiff $50 DAM
ages-Various Amounts Proposed
From One Cent Up to $S,0OO-An
Oner to Withdraw the Jury and
| Leave the Case to the Court De-
clined by Counsel for Plaintif-In-
structions of Interest to Attorneys.
The Hissom trial is over without a
verdict.
| The jury came into court yesterday
afternoon with the announcement that
they were hopelessly divided, and they
were discharged from further consid-
Grafton of the case, with the thanks of
the court.
A proposition by counsel for the de-
tense to withdraw the jury and sub
nit the issue to Judge Heryey was
declined by counsel for plaintiff, after
a conference.
There was nothing unusual on the
surface at the morning session of the
court, the jury reporting promptly,
taking the papers and retiring to their
room.
When they came in at noon they
reported that they had not agreed. The
court said he would call them in at
| 5 o'clock in the afternoon, as some of
the jurors had private matters which
demanded their attention. At that
| hour Foreman Bremen said there had
been no agreement and no prospects of
one in sight. The judge asked each
! individual juror as to his judgment,
and each one answered that there APP
! peared to be no hope, no matter how
longed.
At that time, Mr.. Handlan, of coun-
sci for defense, and Mr.. Smith, Of
counsel for plaintiff, were the only
attorneys in the court room. Messrs.
Howard and Hubbard were sent for,
and when they appeared plaintiff and
his counsel held short private con-
ference, while the other side did the
same. Counsel for defense then went
to plaintiffs counsel, and made prop
osition that the jury be withdrawn,
and the case submitted to the court.
This offer was rejected, after short
conference between Messrs. Hubbard
and Smith, in which the plaintiff vain
ly sought to have part. 1t was mu-
tually agreed that it was useless to
hold the jury any longer, and Judge
Hervey discharged them from further
consideration of the case, at the same
time thanking them for their prompt
attendance during the long trial, and
complimenting them upon their pune
tual attendance, saying he had never
known jury which had caused less
trouble in that and other regards. He
regretted that there had been no
agreement, but they had, neverthe-
less, done we'll, and were free.
After the jury was dismissed a re-
porter for the Register talked to two
or three of them, and learned the fol-
lowing facts. When the jury first
went out they chose Mr.. Bremen
foreman and also elected a clerk, to
take charge of papers and make any
calculations or do any clerical work
which might be necessary during
their deliberations. The case was
then discussed in a general way, and
after some talk the jury settled down
to the issue of probable cause on the
part of s. K. Hissom for the arrest of
his son. One juror in particular had
the idea that this issue rested upon
the fact of whether or not plaintiff
was insane at the time Of his
arrest, but this was quickly dlssipat-
ed, and the clear cut issue was made:
| Did S. K. Hissom have cause to be-
lieve his son was insane. Upon this
| question the jury stood evenly divid-
ed, six and six, and all efforts TO get
| together were futile. Then various
| propositions as to damages came up,
ranging from $4,000 down to one cent.
One juror thought verdict for one
cent would not carry the costs, and
proposed to make it six cents Fin
ally it was suggested that a nominal
verdict of $50 be given, and on that
the vote was eight yes and four no,
| the latter being men favorable to the
defense who would agree to no dam
ages whatever, one man remarking
in the jury room Il wouldn't vote to
even give him a counterfeit cent"
/ This scheme failing, the afternoon of
! yesterday drifted away. most of the
| Jurors reading or smoking and no