The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-11-30
THE JURY
OISACREES
After Being Out 48 Hours No
Agreement Is Reached.
STOOD SEVEN TO FIVE
Eakright Will Again Be Tried At the
Next Term Of Court. Majority
Favored Conviction.
STOOD SEVEN TO FIVE

After celebrating for almost As
hours the jury in the Eakright case
was called before Judge Smith yes
terday afternoon at 4:30 and on the
statement of the foreman, Geo. A.
Potter that they could not agree, the
jury was discharged and the case
continued until the next term of court.
The finish OF the famous Eakright
case was none the less interesting
than the beginning and it will go
down in history as one of the most
bitterly fought legal contests in the
history of the county.
After inspecting the grounds where
the shooting was done, the jury re-
turned to the court room where the
instructions OF the court were read
to them. Afterwards the arguments
OF the opposing counsel were heard.
In every instance the attorneys adj
dress to the jury was maSterful
summing up of the case from their
standpoint. Not point in favor of
their side was overlooked and in the
sum total the arguments were by all
means the best ever delivered in the
Flathead county court room. The
entire afternoon was consumed in the
arguments and it was almost seven
O'Clock when they were completed
and the jury retired.
This was on Wednesday and for
almost 4S hours or until 4:3O yes
terday afternoon the members of the
jury struggled in their efforts to
reach a verdict, but were unable to
do hnipu r. OF
night the jury was called into court
Thursday morning at 10 o'clock and
after stating that they were unable
to reach conclusion they again re-
tired to the jury room. At this time
they stated that they stood seven to
five, but by the instruction of the
judge they did not say which side
the majority favored.
Again on Friday morning after
| reaching no verdict the preceding
day they were called into court
with the same result. In the after
noon the judge again summoned them
and told them that Saturday night he
would leave for Teton county to re-
main ten days and if they could not
reach an agreement before he left
they would have to remain under
| the charge OF the baillf until he re-
turned. The outlook did not appear
very discouraging to them, however,
and at 1880 he again sent for them
and on their repeating the old story
of no agreement, he made a few re.
marks to the jury and discharged
them for the term. In his remarks
he thanked them for their cOnsci-
entious efforts to do their duty under
the trying circumstances and that he
well understood the fact that evi
dence appealed in different ways tC
different men while he would have
liked to have had the case concluded
he had no reflections to make on the
good intentions of the members O.
the jury. Under the circumstances
he did not believe it would help mat
tiers any if he left them in the bail
ifs charge until his return from TIE
ton county and he would therefore
discharge them.
1t has been learned that almos
from the first ballot .he jury stood
seven to five for conviction. On thu
naxt to the last ballot one of thu
II five changed his vote and also votet
with the majority, making it eight tt
four, but on the last ballot he again
switched AMI cast his ballot for &C
quittal.