The Savannah morning news., 1902-02-22
HIS GUILT IN DOUBT
JURY IN THE DoRTIC MURDER
CASE CANNOT AGREE.
MISTRIAL SEEMS INEVITABLE.
INSTRUCTIONS ON POWER TO REC
oMMEND DID NOT HELP.

Foreman Hayward Wrote Judge
Barrow n Note mt 10 O'Clock Last
Nfght-COunse1 and Prisoner Were
Summoned and Jury Was Charged
as to Its Right to Recommend,
and the Use of the word Eek
treme," with the Weight 1t Car
ries-DOrtic Confidently Expected
Verdict of AcquittaI-COurt Ad-
journed Until 10 O'Clock This
Morning.
Twelve men are held in the jury
room of the Superior Court unable to
agree as to the guilt or innocence of
William G. Dortic, charged with the
murder of John A. Deegan.
At an early hour this morning the
jury appeared unable to agree and a
mistrial seemed inevitable. That an
agreement was impossible was made
positive at II o'clock when a rather
unusual proceeding occurred, and one
which was not generally understood.
At that hour. in open court, an ad-
journment was taken until 10 o'clock
this morning.
At 1926 O'Clock the jury sent note
to Judge Barrow asking for instruc-
tons Deputies were sent for Mr.. Cold
ing, counsel for Dortic, Solicitor Cen
eraI Osborne and Clerk Carr. Two Of
ficers were also sent for the prisoner,
and he was taken from his cell in the
JAN to the Court House. He supposed
that the jury had reached verdict. At
IL O'Clock the jury appeared in the
court room. Solicitor General Osborne
had communicated with Judge Bar
row by telephone, and was not pres
ent.
Wanted Instructions.
When asked if a verdict had been
agreed upon Foreman George M. Hey
ward answered in the negative. Judge
Barrow asked il all Of the members of
the jury had seen the note written by
the foreman, and was told that they
had.
''In answer to your note, and for the
purpose of assisting you as far as pos
sible," said Judge Barrow, Il say to
you that you have the right TO make
that recommendation, and If you see
fit put in the word extreme in the
recommendation. If you add that
Yord it carries so much more weight
with the court when he is called upon
TO pass sentence. You may retire"
Judge Barrow announced a recess of
a few minutes and retired to his pri-
waite office. The jury had hardly got
ten upstairs when a deputy was sum-
moned. Judge Barrow was spoken to
a moment later, and entered lhe court
room, where he announced that could
would adjourn until 10 o'clock this
morning.
The members of the jury, without
exception, Appeared fatigued. When
Judge Barrow instructed them to re-
tire it could be seen that they had
been given little encouragement, and
were as far away from a verdict as
when they wrote the note. From the
proceeding it lis supposed that some
of the jury were for recommendation
of some sort. A recommendation,
however, can be ignored by the trial
jude who passes sentence.
Four members of the jury. G. o.
Penton, Arthur p. Wells, George B.
Curtis and Gordon L. Grower, are I'M
fortunate for the reason that they
spent some ten hours in the jury room
the night before the Dortic case was
casion served in the Frierson divorce
case and a verdict was not reached I'M
til o'clock in the morning. Mr.. Wells
and Mr.. Grower also served in the
Ashby murder case along with juror
Joseph Z. Ruth. The confinement was
anything but pleasant for these MEM
bers of the jury and the strain upoa
their nerves was terrible.
Crowds watched the Trial.
The court room was taxed to its
capacity throughout the day. When
Judge Twiggs concluded for the de-
Tense a majority of the spectators in
the court room predicted an acquitt1l
although a few thought a mistrial pro-
bable. The argument of Solicitor Cen
eral Osborne made the result more
doubtful and many felt certain of q
mistrial when he had concluded his
speech. His argument was clear and
logical.
Waited for Verdict.
When the jury retired the crowd
hung on and number remained until
6:45 o'clock. At that hour supper was
ordered for the jury, and the outlooh
for an agreement was gloomy Those
interested in the case were slow tC
leave and dozen or more were in the
court room at 10 o'clock. At that hour
one of the deputies was requested tc
get a feather buster fol
the members of the jury
This simple, but odd request was
Interpreted TO mean that the juror.
were getting ready to retire, The
buster was believed to have beer
wanted for the purpose of fighting ar
army of midnight disturbers.
Judge Barrow reached the CourI
House at 10 o'clock, and gave instruc-
lions for the care of the jury.
The prisoners wife and his sister
were in the court room with Dortic's
father during the day. Mrs. DortiC
and her sister-ln-law left shortly after
the jury retired, and the prisoner wal
taken back to jail for supper. The
father. who came to Savannah from
Augusta TO attend the trial, remained
in the sheriffs Office until a late hour
when all hope for n verdict was aban
doned.
BeIated Witnesses Let on Ensy.
When the court convened the two o.
belated witnesses. Feltz, Foley ant
Howard, presented themselves 10 an
swer the rule, that had been ISSUED
against them. Foley gave as his OK
cuse that he had been sick, In fac
quite I'll. His appearance bore out hi
statement and the rule was dismissed
Howard had played the part Of IN
Good Samaritan and he 20 was dis
missed for the reason that he had gonl
20 get medicine for Foley. Feltz, whl
is In training for the bantam champ
iOnsbip 10 be fought for a. IT, LOui
with Harry Forbes. also offered sick
ness ~ an excuse for bis late appear