The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-16
HUGHES JURY COULDN'T AGREE
No VERDICT TO ne RENDERED
~ TUE PINK WRAPPER CASE.


Their Minds Thay CoUl6iAv h'ten
Majority Ter Mrs. Hushes-Lawyer
knocks On Indignant Nitsesa Down.
After celebrating for seven hours and
half over the questions submitted to them,
the jury before whom the suit for divorce
instituted by Rupert Hughes against his
wife, Agnes Wheeler Hedge Hughes, In
reply to her suit for separation, was tried
reported late last night that they had failed
to come 10 an agreement, and departed
TO their several homes.
The Jury went out at 3:4S and an hour
or so later Justice Clarke, before whom
the case had been tried, sent word thst
il the jury could agree before midnight
he would be OH hand to receive their YER
dict
1t was reported that the majority stood
in favor Of Mrs. Hughes, but one or more
! OF the Juryn,en stood out, and at mldr igh'
they decided to 60 home.
Two OF the cor espondents. Lieut.. Rey-
+ nods and Arthur Conover, waited around
the court house to hear the result. and
when the jurymen wont home they fol-
lowed They expressed their conviction
before departing that on a second trial
Mrs Hughes would win out.
Just a. the )uvymen were being escort ed
| by the court officers to the room where thew
we're to deliberate upon the questions sub
relations with four of the eight coreapoI d.
ents named by her husband, an encounter
i bet tween lawyer and witness occurred
Lyman A Spslding, counsel for Mrs.
Hughes. had referred in no complimentary
terms to Herbert Withespoon. once a
singer in the Castle Square Opera Com
pany and now the brother-in. aw OF Hughe.
Withespoon. who is curly haired. curly
m,lstached, slender individual. resented
those remarks and, as the jury went ou'
with its accompaniment Of witnesses,
lawyers. litigants and SPECTATOR, the singer
walked up to Mr.. Spalding and poked his
nose into the lawyers lace. saying, in
| melodramatic fashion;
"Sir, you are nothing more than a dirty
mud-slinging scoundrel!"
Witherspoon had his mouth still open,
and evidently intended to say more. but
before he could get his second breath
Spalding landed a straight arm Jolt on the
law. WitheTspoon tumbled over the balus-
trade. He gave one feeting look at his
antagonist, and then, evidently appreciat-
ing that there was more waiting for him,
| fed down the stairs. never stopping even
to pick up one or two OF the high notes that
he had inadver, antly dropped,
As he reached Chambers street boy
ran after him to inquire If In his hurry he
had not forgotten his hat.
The summing up Of the lawyers was
characterized by the reference, on Mr..
Spaldng's part to the testimony Of Wither-
spoon, and by the remark OF Lawyer Mathot,
that in his opinion it was not matter for
surprise that husband, returning horne
to find his wife absent ard the baby un-
cared for all day, should abuse his wife in
vile language, but that to him the really
surprising thing was that in such circum
stances Hughes had not broken every bone
in his wife's body. A murmur of dissent
| ran through the court room.
Justice Carkes charge was devoted
wholly to the legal aspects Of the case, and
he instructed the jury that they had to
answer only four questions, Theee related
to the alleged intimacy between Mrs
Hughes and four of the correspondents,
Capt Lemy, Lieut., Reynolds, Arthur
Conover and d. c. Campbell.
The jury will report TO the court this
morning and be discharged.