The Montgomery advertiser., 1906-11-04
MISTRIAL ORDERED
COULD NOT AGREE IN HARRISON
 WALKER CASE.
Twelve Men Delibefated at Court House Over verdict n Perjury Charge for Forty.Nine
 H0uFn.

Charge for F0rty.NlDe
 Hours.
 After laboring with their convi:- tions since 83o o'clock Thursday n1ght the twelve jurors. IGirtEo,t trGyiimE Halrsen :cSase ,ns % perjury. were diseharsed by Judge Thomas at s:15 o'clock last night. A mistriai, the second In the history o: this. case was declared and entered on onicisIs isGsolGf this ' is the first time in the annals of the city court l,.d that in 'econy Sny sriminal case and. with the dischare- l of the jury a new record for mlstriai$ was established. ...,,,, in the city court" said a court en- 9n never bsf,e have a a;nown sncond }uss ss.r, I, Happens nT cr tnf that aAIs the % iary trying ease
 second tiTn ,ms reaess7Y SYs some,hlns sntlreiv setg InGr snew '' to me-"
 The Harrison Walker jury mas new CT been any nearer aI,H. agreeing @ tnE.r when he the case reached the jury early Thurs. s. ssssianed sss n.dht by Jsas 5oha n Mossiy ore%sa of the Jury who cWnr, was nfaro me nooo o yester day Lacking fifteen minutes of forty nine hours. thesc twelve men sacri- ssd fss aseSarss os se1re ss aaSes state The monotony Of their tedions sitting in a close. stuffy little room: was broken only y,n, ny the he the stat~ When discharged last night. night .ner, the mem en, bers of the jury were tireai worn an anu haggard lookine Judge ', Ln3"as .nv u.s rs. missed them formally without any r''
 The dismissal of the jury was a sur- pr,s. to all concerned as 1t %as Sasore cofh, m would be held by judge Thomas until an agreement ta was .,csas rcSaehSeaa Ssa conceded ae ns ane ,Sry tSs attending Wsnin baili had already prepared cots for the jurors m n .ne e sopeared s,p % at the court hodse and or dered a niistrial ..,
 An interesting incident in the trial of the Wa1ReTh Walk henr case oseatd oSesterday when Judge Thomas gave the jury hear ing in open court.
 planter, residing about four miles from Montgomery, addressed the court,
 Wsh k osslv ssE t9 SSt Ssur ws s'nay hsve dis ds cussed the case from every standpoint a"% verdict and I don't, think ". We will will Isid sysr on afhee'f the f,rst Me ballot" fio' ~
 "Gentlemen. it is your .,d duty"a tsnasr re. . sponded ,n Judge ThHmas sse sS sS,denSe rsmaer on Doth sides. Considering the testimony in dispute, reconcile 1t and ascertain truth accepting ns true sTeh ans re1eet inr such as you may think false. If there is any conflict. consider all nat ters in conflict try to So, ree9hS cannot then them mse your common sense. accepting that View of the matter you believe to be false. Retire; gentlemen and cons'a- ,uncture. nai e"' J. L. Harris, another juror, desired to be e hearn hs Interes.inp ireM @ p'' "Tn case where there is. no con flict of evidence" said Mr. Harris, axaInst awhsrs whien shsys thsrs s PiS' is conflict this jury compelled to discount that Thomas. should not ignore any evi- dence in a case if there Is any con Y. flict in the testimony or any parTrh ol nave fne no right to ignore testimony on which there was no conflict HOW ever. it is for you .nV to conflict sax with peserence to any piece or portion of testinmony or the testimony or any w'traas or witnesses ,,nass r tnere or IS Wt any witnesses. then it is your duty to try try resTnce ,hs r rthsy Sy s ev,Sense Then able to do that. 1t is your right to to accent that which you believe to pc true and reject that which you oepe'e '' Where NJ there was one witness thst ;s nositiye," tnteriected MT. Harris. IFS this jury required to 9b'ne nave when that one is not contradirt"d%' ,,, "Ordinarily," was the courts reply, "a fact is not required to be proved py ,ny numher of witnesses, but Tn a per iny imrv case. the falsity of statement must be proved by two witnesses or bv one witness and strong corrooora tive circumstances. .z .o
 Cou1sel for the defendant oolecteu m ao 2 sent aal 'hets Satek pto't to It's room.
 Harrison Walker the defendant IS well known citizen Ihe cnarge iu E, neI iury1 against him had It's orisin m n police case tried in the Recorder Soprt 'more than a year ago, which grew out of a personal difficulty pc fweeu Walker and Fire Chief John F BrOwder In this proceeding, IL Mas alleged by Chief Browder that WaaKeI xed testified falsely an dthe Chief appeared before the grand jury as prosecutor securing an indictment for perjury me periury case was first tried at the ouly term of the City Court ana mistria' The second trial of the case began at 1o:s0 o'clock Thursday morning ana Iosted all day. It was bitterly con tested by counsel for the state ana the defense Throughout the pis pr1icfnimSs' n,,, sci to assist the Solicitor In the prose- cution. ,,l, ooma mn for trial again at the next term or the criminaI court, aud it Is intimated that' G GIr view of the two mistrials, dis missal of the case may be oroereo'