The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-16
THIRTY HOURS OUT
A MIsTRIAL IN AvANT CASE FINAL
LY DECLARED.
JURY COULDN'T AGREE
STOOD TEN FOR ACQUrrrAL AND
TWO FOR CONVICTION.

This Was the Status at the Close
and Had Been Practically From
the Inception of Its Deliberations.
1890 O'Clock Mt Night When the
Jury Was at Last ReIieved-Long
and Arduous Deliberations Had
Tired the Jurymen Out-Fixed in
Their Conclusions, They Could Not
BE Changed-The story of the Al
legged Crime.
After the jury had been out for thir-
~ hours. without the possibility Of an
agreement becoming any more appar-
emit than it was when the jury first re-
tired. mistrial was declared in the
case of Thomas L. Avant, charged with
the offense of involuntary manslaugh-
ter.
This was at 10 o'clock last night. The
jury had been out since $50 o'clock
Friday afternoon. and from the very
inception of it's deliberations, had
found it impossible to agree. When the
mistrial was declared last night the
jury stood ten for acquittal and two
for conviction, and had been divided
up in just this manner for many hours.
It is understood that the jury had been
divided just in this manner from the
very time it retired to begin its de-
liberations.
1t was a tired lot Of jurymen that
came finally from the room in which
their deliberations had been conducted
and filed into the court room to re-
ceive the discharge of the court. Judge
Barrow had been very anxious that
the jury should agree, and thus re-
move the case from the docket of the
court, but, although the members of
the jury labored diligently, it was
found that an agreement was impos-
sible
This result had been practically as
sured all through the day. and was
predicted in the Morning News, but
Judge Barrow, cherishing what proved
to be a vain hope, delayed declaring
a mistrial. After supper it became
perfectly apparent that every member
of the jury had finally made up his
mind. and that there was no hope or
possibility of changing this decision.
Then 1t was that Judge Barrow deter
mined to declare a mistrial.
Some little time was expended in an
effort to find Col. P. w. Meldrim. of
counsel for the defendant, but Col.
Meldrim's attendance was finally Sc
cured and the jury was brought down.
The foreman was withdrawn and the
mistrial was declared.
Avant is the street car motorman
who ran over and killed the little child
of Eugene NJ. Baker, a West Broad
street druggist. The tragedy in which
the child lost his life occurred in Au-
gust, last on the corner of West
Broad and Bryan streets and directly
in front of the fathers place of bust
ness.
The details of Avant's trial were
given in the Morning News yesterday
The evidence for the state and the de-
Tense was very conflicting and 1t is
not difficult to understand the difficult
ty the jury had in striving to reach
ing an agreement-nor even the fail
ure to agree that eventually resulted
According 10 the evidence of the
states witnesses the motorman had
been criminally negligent in the man.
agement of his car, while the wit
nesses for the defense exonerated
Avant of all blame.
Avant is still under bond and there
VIII probably be a reassignment of the
case for trial, possibly at the present
term of the court