The Savannah morning news., 1901-12-12
A SECOND MlSTRIAL.
Jury in Criminal Assault Case
Could Not Agree.

HI Assault Ease
Could Not Agree.
A second mistrial was declared in
the Superior Court yesterday in the
case of the state against William
Henry Gordon, who for the second
time had been placed on trial for GRIM
inal assault. AS at the former hear
ing, the jury found it impossible to
agree.
Gordon's alleged offense was COM
mitted on July 26, last, his victim, ac-
cording to her statement, being Mary
Haywood, a negro woman. On the
stand yesterday the woman testified
that the defendant had entered her
house on the White Bluff road. three
miles from the city. while she was
III and her husband away from home,
and after a brief parley had attacked
her and accomplished his evil pur-
pose.
She claimed that she had resisted
the assault to the full extent of her
weakened ability, but in her then state
OF Ill health she was helpless in his
hands and without strength to resist
| successfully his brutal attack
Two white men, Peter Weinheimer
and George Barthelmess, testified to
confessions made to them by the de-
fendant, in which he had acknowl-
edged that he was guilty of the crime
with which he stood charged The
defendant had been captured by Vein
heimer and the husband of the wo-
man on the day following the alleged
commission of the crime. They had
approached with guns in their hands
and though he saw them coming he
made no effort to escape. He sub
mitted readily enough to arrest, was
bound with chains and ropes and
brought to the city,
At Bull amt Forty streets ne
was dumped out of the wagon in which
the trip from the country had been
made and lay around on the ground
until the arrival of a patrol wagon
from the police station house. 1t was
under these circumstances that the al
legged confessions were made To ex-
plain them it was urged by Mr.. w. H j..
Boyd, who represented the defendant,
that Gordon had not been free agent
when he made the statements con-
strued to be confessions, and that he
had not understood the terms that
were employed.
In his own behalf the negro made the
same statement he has made consist
emily since his arrest. He denied that
any force had been employed and said
that the woman had submitted of her
own free will.
Arguments to court and jury were
made by Mr.. w. NJ. Hayward for the
state and by Mr.. w. H. Boyd for the
defense, and Judge Seabrook delivered
his charge at 1 o'clock. 1t was shortly
after that hour that the jury retired
For four hours it wrestled with the
case and the end of that period found
the jurors in exactly the same state
of mind they had been in when they
first entered the jury room. Five were
for conviction and seven for acquittal,
and though efforts were made to reach
a compromise verdict, the extremists
on both sides of the fence stuck so
closely to their opinions that a COM
promise of any sort was rendered i'm
possible.
At $50 o'clock the jury addressed q
note to Judge Seabrook, in which he
was informed that an agreement was
/ impossible. After conference with
counsel for the defendant the Jury wa.
brought down stairs, and Foreman
Lester Hubbell explaining that The
disagreement was as to the facts OF
the case and not on points of law Mr.
Hubbell was withdrawn and mis:rial
declared.
Gordon was taken back to Jail
where he will have to remain until a
third jury can be empanelled to try
his case. 1t is not known when this
will be-