The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-01-16
A MISTRIAL ANNOUNCED.
JURY COULD NOT AGREE IN THE CASE
AGAINST, A. ]. MARSHALL.
NINE WERE FOR ACQUITTAL.
Judge Told Mr.. MARSHALL to Come Home
and Make Up His Bond at His Leisure
for Appearance for New Trial al Nav
T~erm-Great Surprise in Both Raleigh
and Wilmington That Jury Could Not
Agree Upon Acquittal-News and OBJ
Tribute TO Mrs. Marshall.

The hearing Of the case against 4. ].
Marshall, Esq, OF this city. on the
charge OF counterfeiting. in progress
in the United States District court at
Raleigh the past week, has resulted
in a mistrial, the jury having failed TO
agree and been dismissed by Judge
Purnell. And il is understood that there
will be a new trial during the May
term of the court. The jury when dis
missed yesterday stood min for &C
quittal and three for conviction.
The Messengers special telegram
from Raleigh regarding the trial, re-
ceived last night. was as follows:
Surprise was quite general here that
the jury in the Marshall case did not
return a verdict very speedily, as the
odds were considered ten 20 one that
there would be prompt acQuittal. But
the jury remained out all light and at
S O'Clock this morning went for break
fast. Marshall a little later was seen
in a hotel lobby, reading a paper,
Marsden Bellamy, one OF counsel, be-
side him. Deputy Marshal Hudson was
in charge of Marshall after the jury
0 the case, but said he simply al
lowed Marshall to remain at his board
ing place and there was no restraint.
The most frequent question here to-
day was as 10 the verdict in the Mar
shall case.
THE JURY'S STUMBLING BLOCK.
AT $3.50 o'clock the jury sent a note TO
the judge inquiring whether it must be
convinced that at the time Marshall
ordered the metals for COtsobelos, the
Greek, he had guilty knowledge of h
purpose for which they were TO be
used. The judge replied yes, and that
they must SO find before they could re-
turn a verdict of guilty on that point.
This inquiry was construed TO mean
that the jury had eliminated everything
except that point.
The judge did not tell the jury his
opinion as to the innocence or guilt of
the prisoner, butt declined to do so
just a. he had done when charging the
jury. Later he was notified that thu
jury could not agree.
At 6 o'clock the jury was discharged
n a mistrial entered.
1t was currently reported during the
afternoon that the jury stood eleven
for acquittal and one, F. P. Wimbish,
eX-clerk of the penitentiary, for con-
v%iction; but it was found afterwards
that two others took Wimbish's views,
these being Hulin of Raleigh, and Will
der, a Franklin county Ia
NEXT HEARING AT MAY TERN.
Some officials of the government
"a before 5 O'Clock that they knew
lit would be a miStrial and then packed
away metals and other counterfeiting
materials in a safe in the building for
use again next May. The failure to ac-
quit causes surprise here, which is
very freely expressed.
Judge Purnell after announcing the
mistrial, told Marshall to go home and
make up his bond and send it at
leisure This is regarded as favorable
to Marshall. The jury formally asked
the judge TO tell it his opinion whether
Marshall was innocent or guilty, but
he declined.
INTEREST MANIFESTED IN WILL
MINGTON.
The Messengers Raleigh correspond
ent telegraphed last night that the
most frequent question asked in that
city yesterday was as ito the verdict
in the Marshall case. This was GER
tainly the case in Wilmington. Early
yesterday the Messenger telephones,
Bell and Inter State, began ringing
inquiries in almost every instance
being as to the developments in the
Marshall case. Then, too, on the
streets, in hotel Hobbies and other pub
lie places, the people generally, in
passing, enquired of each other if
there was definite news from Raleigh.
The fact is, this very great and withal
sympathetic interest has been mani
tested here throughout the trial,
heightened considerably of course DUR
ing yesterday by the announcement
in the morning papers a the case
was in the hands of the jury who had
been out all night.
1t was not until 6:12 o'clock yesterday
evening that any deinite news other
than hot tho it1rr- uro ,nnhl -
agree was received. At that hour The
Messenger received the following spe-
cial:
"Mistrial in Marshall case. Jury
min for acquiUtal and three for con-
vidtion. Jury discharged. Case comes
up in May. Wimbish and Hulin, of
Raleigh, and Wilder of Franklin coun-
ty, for conviction"
Following this special there came
later in the night the more lengthy
special given
A TRIBUTE TO MRS. MARSHALL.
In speaking Of the incidents
ed with the trial the News and Obser-
Yer of yesterday pays the following
beautiful tribute TO Mrs. Marshall, VINO
has been with her husband through the
| progress OF the trial:
There is one feature OF the Marshall
trial that has received no mention in
Ilc cWSpdpCIS Uul VI WHICH, II NOUuA
perhaps not now be out OF place to
speak
1T Is the devotion shown by The de-
fendantNS wife throughout the long
trial, and her u~nwavering faith m his
innocence.
When Mr. Marshall came to Raleigh
his wife came with him When his case
| was called last Thursday morning she
was by his Side@the only woman in
the court room. When the case ended
last night she was close to him
Not one minute during this long,
tedious trial-lasting some six hours
a day-has h been absent from the
cour room. No one in the court room,
not even the defendant himself, has fol-
lowed more closely or with greater anx-
iety, b progress OF the tra1 than has
this little
There has been no playing to the
gallery by her. Was her husband at
tackled, she displayed no Indignation
| by her demeanor. save perhaps a deep
ening of the color in her face. Did his
attorneys score a point in argument or