The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-05-14
SINGLE JUROR
CAUSED MISTRIAL
IN CASE AGAINST GREENE
JURY STOOD IL FOR ACQUITTAL
AND FOR CONVICTION.

On First Ballot Vote Was = for Con-
vtcttOn and 10 for AcquittnI-FOre-
man Said There Had Been no
GAanEe since 1880 on Thursday
BsEht-Direrence of Jurymen Was
n Question of Law-Foremnn Be
Iievcd That Further Charge
Would BE Useless.
At 10 o'clock last night a mistrial
was declared by Judge Cam in the
case of the state against Henry G.
Greene, charged with assault with in
tent to murder. Inability to locate the
defendant was the only reason that
the mistrial was not declared at least
half an hour sooner.
AT 8: 80 o'clock a message was sent
to Judge Cam from the jury room to
the effect that there was no chance of
reaching an agreement. He decided
that he would keep the jury out no
longer, and announced he would come
at once to the court room.
The sheriff and his deputies then be-
gan a search for the parties who nee
essarly had to be in the court room
when a mistrial was declared. Mr.. A.
Pratt Adams of counsel for the de-
tense was easily located and hast
ened to the court room.
Some difficulty was experienced in
locating Mr.. Greene. Deputy
sheriffs were searching for him
and telephone messages were
sent to friends with whom it
was thought he could be found. He
was finally located and hurried to the
court room.
Clerk James K. p. Carr was notified
of the intention to declare a mistrial,
and prepared the necessary order.
Judge Cam arrived shortly before 10
O'Clock. Meanwhile the jury, which
had been locked up from 10 O'Clock
Thursday night became impatient, and
calls to Hurry up" were shouted down
TO the sheriff.
Was Question of Law.
In response to the usual question OF
the court as to whether it was pos
sible to reach a verdict, the foreman,
Mr.. William ]. Walker, stated that
he did not think there was any chance
of an agreement.
rs it question of law, or of fact?"
asked Judge Cam.
IIllllh llldl IL - d AluGDAiOll VI ihNB
was the answer.
"If the court should charge the jury
further, do you think that an agree
rnent could be reached?' asked the
court.
II do not" promptly responded MIR.
Walker. THE dissenting jurors say
that they fully understand the law,
and that their opinion cannot be
changed"
uTs there or,, ,,,an,har IF the iirV
who desires to have the court make
further charger"
There was no response to this ques-
ton of the court, and again Judge
Cam addressed the foreman
Mr.. Foreman, do you think that
a further explanation of the law
would make an agreement possible"
Il do not. your honor" was the re-
Spouse. THE jury has stood the same
since between 1890 and IL o'clock last
night"
"You may stand aside. then" said
Judge Cam. land will declare a mis-
trial" An order to this effect was
then taken.
Eleven for AcquittaI.
The majority of the jury. according
to several jurors. was for acquittal.
II is understood that a ballot was
taken as soon as a foreman had been
selected and at that time the jury
stood two for conviction and ten for
acouittal.
Without argument another ballot
was taken and one of those for con-
viction joined the other ten. This made
the standing eleven for acquittal and
one for conviction.
Further ballots brought out no
change, the lone juror maintaining his
position. Argument was resorted to,
and every effort put forth to induce
him to change his vote, but without
avail. Claiming that he was right un-
der the law, he held his ground. Bal
lot after ballot was taken, but no
change was recorded.
In dismissing the jurors for the term
Judge Cam thanked them for their
efforts and for their promptness in at
tending the sessions of the court.