The Savannah morning news., 1903-11-08
MISTRIAL FOR BRYAN
IN CASE WHERE CHARGE WAS
RUNNING GAMBLING HOUSE.
JURY STAID OUT FIVE HOURS.
WOULD HAVE BEEN HELD LONGER
HAD 1T NOT BEEN SATURDAY.

Rather Than Keep the Men Locked
Up Till Monday Judge Barrow
Allowed the MistriaI-Only Three
Witnesses, All for the State, Put
on the Stand-Bryan Made no
Stntement-It Took "COrkscrew''
Methods to Elicit Information
About "Layouts"-other Cases of
This Series Forced to Go Over.
May Not BE Tried for a Week or
More.
The case of Cad D. Bryan. Jr.,
tried in the Superior Court yesterday
on the charge of conducting a gam
ing house. resulted in a mistrial after
the jury had been out about five hours.
The jury retired shortly after l o'clock
and it was thought there would be
little delay in securing a verdict, but
time wore on, the jurymen began to
feel the cold and sent home for over
coats and it began to look as if there
was no chance of an agreement so
Judge Pope Barrow sent for the fore
man of the jury, John F. Tietjen, Jr.,
and learning from him that there was
no chance of an agreement, declared
the case a mistrial rather than keep
the jury locked up all of to-day and
until court convenes tomorrow.
The trial developed nothing sensa-
tional. Bryan was not put on the
stand to make a statement, nor did the
defense present any witnesses. The
state, whose case was conducted by
Mr.. D. ]. Charlton in tn absence of
Mr.. w. w. Osborne, had three wit
nesses, Thomas P. Reynolds, Charles
H. Levan and William Bailey Cardinal.
Mr.. John NJ. Thomas, court stenog-
rapher, was also put on the stand TO
testify to a statement of Bryans in the
Doss trial when Brayn spoke of the
trouble having occurred lin my place
of business"
Took ''COrkscrew Methods"
The witnesses showed a remarkable
lack of knowledge of the facts that
the prosecuting attorney sought to draw
out, but it was finally learned, by
"corkscrew Methods that there was
some sort of a layout in the up
per room of the Bryan place in Bryan
street. Levan, after considerable
questioning, admitted there were ia
bles there, then confessed there were
numbers on the tables; said that they
might be used in playing a number of
games and, finally said that they
would be used in playing a certain
game about which the states attorney
asked him.
The jury in the case, which was Sc
cured with much less trouble than
had been the juries in the two pre-
vious trials growing out of the same
general row in Bryan's place June %,
consisted of John F. Tietjen, Jr., w.
H. Peck, George Schroeder, James H.
Owens, A. L. Byck, William H. Col
gate, Denry Doyle, J. S. Dukes, Will
liam P. Roman, E. J. Keiffer, Jr., ia
cob Uhlfelder and c. A. G. Bloom
quist.
Six More Cases Yet.
The other cases of the same series,
of which there are still six to be tried,
were on the docket to follow immedi-
ately after this case, will have to go
over for probably a week, anyway,
may be longer. Judge H. D. D. Twiggs,
who is interested as counsel in sew
eral of them, yesterday asked the court
for pOstponement on the ground of
fatigue from the trials in which he has
already taken part.
This request the court granted. 1t
is hardly possible that the cases could
have been concluded last week, any
way, for the three that were tried took
on an average of more than a day
apiece. Judge Barrow was in hopes of
cleaning up this batch of cases during
the week. as the Potter case will come
up for trial tomorrow, and the proba-
bilities are that it will occupy the at
tention of the court for the whole, or,
at any rate, the greater part, of the
week.