The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-05-01
LITTLE FREAK OF MEMORY
All Could Not Recall the Testimony
Alike and None Would
Yield.
From Tuesdays Daily Gazette.

ana OlSCOmIOrL 10 Il meu, SOOu anu
true, who were sworn yesterday morn
ing to try a case that came up in the
district court. Some remembered a
part of the testimony submitted one
way, and some remembered it another.
Strong minds and the possession OF
immense powers of physical endur-
ance enabled the disputants to con-
tinue the contest all night and over
a greater part of the day. Once it
was within the power of the court to
settle the controversy, but his honor
declined to act as quasi moderator
and the dozen we're told to fight it
out and arrive at a conclusion, it they
could.
The jury that had the all-night tx
perience was that empanelled to hear
the testimony in the case OF State VS..
c.. M. Brown, hearing of which was
begun yesterday morning. In the
complain it was alleged that the de-
PENDANT vas guilty of the crime Of
grand larceny; that he had stolen a
saddle and other articles from James
Ettien's sheep camp, all Of the value
Of more than $50. In the opinion Of
those who heard the evidence and saw
the supposedly stolen articles produc-
ed in court the state failed to establish
the value alleged and it was believ-
ed that at the most a verdict Of gull
ty of petty larceny would be returned.
That the jury would be out more than
a few hours at the longest occurred to
no one, but Is time passed and moth
ing was heard from the jury room it
became evident that something was
doing" At last Judge Loud went to
bed and all hope of an agreement
was abandoned.
This morning the jury caused word
to be sent to the court that the bone
of contention was some part of the
testimony, some of the jurors insisting
that one witness had testified SO and
so, while others maintained they had
sworn thus and so. In order that they
might be enabled to arrive at a YER
dict request was made that they be
permitted to come into court ana hear
the disputed part of the testimony
read. 1t was believed that the re-
quest would be granted, but the court
ruled otherwise and lurther time was
granted the obdurate one to reach an
agreement.
They Are Discharged.
At 2 o'clock this afternoon when
court reconvened for the day Judge
Loud caused the obstinate dozen to
appear before him and asked them ii
there was any prospect for an agree
ment. He was answered in the mega
tive, after which he made an order
dischacging the jurors and also di-
rected the defendant to be held on
the old bond, orLering him to be in
court on the first day OF IL next term.
When this had been done the mat
ter OF securing a jury for the trial.
Hearing of the action is now in pro-
gress.
Another Special venire.
Through the operation of excuses
and the inability of the officers to
find some of those for whom they held
summons when court convened this
morning it was found that the regu-
lar panel of trial jurors contained only
16 names. OF this number - were
struggling with the case submitted
Yesterday afternoon and as it was evil
dent that a verdict could not be reach
ed in time to make available some OF
those who were then out, a special
venire for IL talesmen, the fifth thus
might be secured to try the case of
State VS.. Ed Mcfarland, who is charg-
ed with forgery.
Those summoned were, E. Erickson,
A. S. Shannon, w. J. Arnold, j. l..
Fogg, August Schmudlach, j. F.
Sleeper, l.. II. Fenske, j. E. Jackson,
Cass Prudhomme, w. G. Williams,
Frank Carter and C. c. Davenport.
All responded and the task of en-
panelling a jury to sit on the case
was begun: When the hour of noon
arrived II men were in the box, but
had not yet been accepted and court
si:Journed until 2 o'clock.
I'D M'FARLAND FOUND GUILTY
uyod,, ocd v,c noilv ri 1offo