The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-05-13
JURY IN QUARNBERG CASE CAN.
NOT AGREE.
OUT SINCE LAST NIGHT
Considered Likely That Defendant
Will Have to Stand Trial
Once More.

When Judge Loud r~econvened the
district court last Wednesday the
sheriff made return on the venire is
sued at the opening of the term and
reported that Frank Lawrence, R. r.
Grove, Ed. Cardwell and w. L.. Lin
ton had not been summoned. Those
who responded when their names
were called were L. A. Snidow, ]. A.
silsbury, Henry Ohland, T. F. Moore,
H. I. Grant, Cass Prudhomme, E. s.
Holmes, E. Grosman, T. H. Minder,
Joel Hallowell, B. Schneider, Frank
Golish, E. M. Newman, A. A. Fenske,
H. B. Sanderson, George Lacey, A. J..
Wilkinson, Felix Clark, w. J.. Stod-
dard,# Joseph Bessette, Dan Lamey,
J.. A. Morgan, H. Hendrickson, Emmett
Mccormick, J. N. Purcell, B. H. Ho-
gan, Martin Gates, Oscar Gutenberg,
w. L. Selvidge, James Steele, G. W..
Thomas, Lou Robbins, Frank Law
renee, George H. Sturm, A. V. Card
we'll, D. w. DERRICK and ]. R. North.
The court announced that he was
prepared to hear excuses of those who
had any to offer why they should not
be required to serve for the term. b.
Schneider, Cass Prudhomme, T. A.
Snidow, J.. A Salisbury, Henry Ohland,
T. F Moore, H. I. Grant, E. S. Holmes,
E. Grosman, Joel Hallowell, T. H.
Minder and Frank Golish offered rea
sons satisfactory to his honor and left
the court room smilingly. The others
were retained.
State VS.. Gutenberg.
For the third time trial of Carl
Gutenberg, charged with the larceny
of a mare and colt, was then begun.
The defendant was given a hearing at
the January term, which resulted in
a mistrial, the jury being unable to
agree. Another attempt was made
to dispose of the case at the March
term, but with no better success.
Before a dozen men could be Sc
cured to sit on the case the regular
panel was exhausted and Judge Loud
ordered a special venire for 40 tales
men issued, to be served at once.
From these and the regular panel a
jury was secured as follows: w. L..
Selvidge, G. w. Sturm, D. ". Dedrick,
J. A. Morgan, W. j. Stoddard, J. N.
Purcell, G. w. Thomas, Henry Disch,
Charles Prince, w. S. Bayerd, G. D.
Brooks and ]. C. Foster.
Beena Rue, n of the witnesses for
the prosecution, not having been sub
pOenaed, by consent of the defense
the testimony given by the witness
at the former trial was read from the
stenographer's notes.
All the testimony was in when court
adjourned last evening: In order that
the case might go to the jury as soon
as possible Judge Loud announced
that he would hold a night session
for the purpose OF hearing the argyll
ments. Shortly before 10 o'clock final
submission was made. Nothing was
heard from the jury room until this
morning, when inquiry revealed the
fact that for the third time a mistrial
was likely, as there was no hopes
of an agreement. Determined that
the obstinate ones should have all
the time needed to bring them to an
understanding, the court ordered the
jurors to continue their deliberations.
At 3 O'Clock this afternoon they were
still celebrating.
Suing on Consignment.
This morning trial was begun of
the case of SHERMAN Bros. VS.. ]. f.
Locke, which has been on the calendar
since July 20, 1902. The suit is
brought for the recovery of 1924 rs,
alleged to be due plaintiffs by defend
ant as a balance on account of a con-
signment of wool entrusted to them
by defendant for sale on commission.
In the complaint it is charged that
August 81, 1900, the defendant con-
signed to plaintiffs 25,539 pounds OF
wool, which was loaded onto the cars