The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-12
STOOD THREE TO NINE
THERE WAS NEVER ANY CHANGE
IN THE BALLOT.
ALMOST A FIGHT IN THE JURY ROOM
The Jury Discharged After Seven Days and
Nights Confinement. The Case Will
Come up for Trial in May. Mar
shaIPs Bond Reduced.

The Marshall trial ended last night at
5:42 o'clock. Though the jury had been
out for twentyfour hours, they found
it impossible to agree, so a juror was
withdrawn and a mistrial had.
They stood three for conviction and
nine for acquittal on the first ballot and
there was never any change in the
vote. The three jurors for conviction
were:
]. j. Wilder, of Franklin, farmer.
A. ID. Hulin, of Wake, carpenter.
Il M. Wimbish, of Wake, ex-clerk of
the penitentiary.
In the jury room some very animated
discussions We're held, and once or twice
there came near being a fight. One
juror, for instance, charged another with
having talked to a government detective
during the trial; another, who favored
acquittal, told man who favored con-
viction, that he was opposing the ma
jority simply to hang the jury and get
another days pay.
And thus the night and then the day
We're spent in argument and voting
without anybody being convinced or any
Bbuy CHdllSlLS HIS vote.
About IL o'clock the jury came in
for additional instructions from the
judge. Later a note was sent to Judge
Purnell asking his personal opinion as
to the guilt or innocence of the defend
ant. The judge, of course, declined to
give it. And again shortly after 3
O'Clock a note was sent to the court
stating that the jury found it impossible
to agree, and asking that it be dis
charged.
At 5:42 o'clock Judge Purnell sent for
the attorneys and the officers of the
court and the jury filed into the room.
Gentlemen, have YOU agreed upon
your verdict?" asked Judge Purnell
1--WE have not" replied Mr. Wilder,
foreman of the jury.
! lis there. any possible chance of your
doing so?'
81 don't think there is"
'"Then in the exercise of judicial dis
erection l shall not keep you longer.
Mr.. Clerk, make the entry that a juror
is withdrawn and mistrial had
This was done and the jury was dis
charged, both the Judge and the district
attorney expressing sympathy with them
and appreciation of their patience and
faithful discharge of duty.
And the jurors looked as if they deserv-
ed sympathy All of them were pale
and worn. They had spent seven days
and nights in the court room. They
had slept on beds made on the floor OF
the court room, and the only exercise
they had was to march in body to the
hotel for their meals and back to the
court room.
For the first time during the trial Mar
shall showed fear when the jury came
in and stood awaiting the inquiry of the
judge. Rendered timid by the length
of time the jury had been out, and real
iZing the terrible import of the moment,
the man hung his head and did not look
up until the answer came: I'VE have
not agreed" Mrs Marshall was nor
present.
Judge Purnell ordered that Marshall
be released on his old bond of $1,000,
which holds good until it is renewed.
He is allowed twenty days in which
to file al new bond. This new bond
Judge Purnell reduced to $4,000.
The case will come up for trial again
at the May term of court. 1t is not
believed by the attorneys for the de-
fence, however, that it will ever be
contested in the courts again. They
think a mol pros will be taken when
the case is called at the May term.
Mr.. and Mrs. Marshall and Attorney
Meares left last night at 2:27 o'clock
for Wilmington. Mr.. Bellamy went yes
terday afternoon.
Public opinion here is that Marshall is
an innocent man and should have been
promptly acquitted.