The Montgomery advertiser., 1903-01-22
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Bureau,

| AdVefttSer buredus | Mobile, Jan. H. | In the City Court, Semmes, Judge. the ease of the State ,f Alabama vs. Gilbert Jarvis murder, was called. Two hundred special venlremen, besides the regular jurors, were summoned from which to secure competent jury to try the cause. | Gilbert Jarvits, 1t will be remembered, | october 90 last, in the storehouse of Bloch Bros. . shot Walter Reardy, book | keeper for that firm. The shooting occur red about midday and created great ex- citement at the time. Reardy was taken to a sanitorium where, before dying, he made a statement
 l A large number of witnesses have been | summoned as follows: , | state--A. D. Bloch, J. D. Bloch, W. H. Andrews. J. W. Laurendine, Burke Lau- rendine, William Reardy, Johnson H. T. Inge.
 Defense-A. D. and J. D. Bloch, L. M. Mckinney. Dr. D. o. McCrary and for | character John Case. Ed Laurendine, Price Williams, Jr., E. l.. Russelll, w. B. l Delchamps, Charles Bromberg, Fred Mummy, Thad c. Partridge, Charles B. Mclean, N. Crane, Winston Jones, J. c. | Strong, William T.. Vass, -Penrose Vass John D. Hagan, R. Baerman. Andy Dow | ling, Dennis Cashin, John S. Comstock. A. B. Dure, Thomas T. Turneh, Charles Hogue. Leslie B. Sheldon, George Vau | trot, H. E. Davis and Winslow Part ridge. Leslie B. Sheldon and J. J. Parker appeared as attorneys for the defense. | At 10 o'clock. when court convened, the room was literally packed, the crowd l embracing special veniremen, spectators and witnesses. witnesses for the State and defense were called and at Ii o'clock both sides pronounced ready and the court at once ordered the Sheriff to call ve- | tremen to secure jury.
 | At 1 80 o'clock the special venire was | exhausted and only eight jurors were se- cured as follows: Edward E. Paxson, county, carpenter; Julius B. McWhorter, city timberman; John L. Fincher, city, contractor; John w Cooke, city, foreman Louisville and Nashville yard; Timothy Gaston, county, vegetable dealer; Oliver McMillan, county, timberman; Charles Balzli, city, blacksmith; Hyppolite Sarra- det, county, dairyman.
 The court then ordered another venire of hundred names drawn, returnable at { o'clock At that hourt court reconvened and the call was made and no juror was secured out of the entire venire. The court ordered another venire of 100 names, returnable tomorrow morning at 10 o'clock.
 In the cases of Hamp Bonner and John Breen, indicted for keeping gaming ta- bles. the juries having failed to reach verdicts at 6:30 o'clock tonight, after be- ing out since yesterday morning and af- ternoons respectively, Judge Semmes of the City Court had each jury brought in. The first jury was that in the case of John Breen. The foreman stated that il IL. facts. A mistrial, by consent of the at- torney and defendant, was ordered
 In the case of Hamp Bonner, the court asked the jury if it were possible to reach a verdict and the foreman said that ii they were kept in cusrody six months il would be impossible to reach a verdict On being asked if it was a question as to law or facts the foreman stated em' phatically 1t was not. Some of the jur- ors thought the punishment too severe for the offense, he said. Judge Semmes then asked the turymen If they did moi take an oath to render verdict accord ing to the evidence and an affirmative answer was made. The foreman then said that as to the guilt of the defendant there was no question, but the failure to agree on a verdict was because of the penalty The court ordered the jury to retire and had the Sheriff to call the Solicitor into court he being absent.
 After the jury retired, Judge Sepmes said that In his thirty years on the bench, he never had a jury to make such a statement to the court as in this instance and he wished to have the Solicitor pres ent.
 When tAe Solicitor appeared Judge Semmes related the facts and the So- lcitor said he was surprised The Judge then asked the Solicitor If there was nc remedy against a jury which refused to bring a verdict after concluding Q man was guilty. He said that such a prece- dent would be dangerous. as one man could thwart justice by such action. The Solicitor said that he, too, was puzzled and could not just then say if there was a remedy.
 The Judge, by consent. discharged the jury and in the meantime would investl- gate as such remedy
 By order of the court the jury was lagain brought in and the question asked of the foreman if 1t were possible to reach a verdict He replied that another consultation had been held and he thought a verdict would be reached. They were ordered to retire, returning soon after into court and rendering a verdict of guilty as charged in the indictment and recommended Bonner to the mercy of l the court.
 Judge Semmes sentenced Bonner to six months in the county jail.
 In the Breen case the jury stood ten to two in favor of acquittal.