Evening journal., 1906-11-26
After Being Out For Forty.
Five Hours Jury in Tyre
Case DiSagTeeS
TRIED TWENTY-FIVE
TIMES TO AGREE

After being out since Saturday af-
ternoon at 1 o'clock the jury empanel-
ed to try the case Of the state VS..
Abram L. Tyre, returned to the County
Court room at 1926 o'clock this morn
ing and reported a disagreement 1t is
stated that on the last ballot the jury
stood eight for conviction and four for
acquittal. Twenty-four ballots were
taken.
During the course of balloting the
votes were switched considerably. The
first ballot stood eight for conviction
and four for acquittal. The balloting
hung at this for some time and then
changed to nine for conviction and
three for acquittal. From this it again
changed to six for conviction and six
for acquittal and seven for conviction
and five for acquittal, the final ballot
being the same as the first IT is un-
derstood that three Of the four men
who stood for aeqquittal on the last
ballot were Jurymen Robinson, Moore
and Eldnton.
The court room was crowded this
morning when Chief Justice Lore rap
ped for order and Court Crier Smith
opened the Court OF General Sessions.
A few minutes iates the jurors filed in
to the court room, haggard and worn,
and not in the best Of humor.
Unable to Agree.
As soon as the jurors took their seats
Chief Justice Lore asked Foreman Will
liam Cornelius If a verdict had been
reached.
your Honor. we can't agree" re-
piled Mr.. Cornelius
rs there no possibility Of an agree
ment?" asked Judge Lore.
mo. sir: there is not" promptly re-
Piled Juryman Henry c. Robinson.
Upon receiving this assurance the
Chief Justice said: Gentlemen, the
court thinks you ought to have reach
ed an agreement in this case. We
think, however, you have stayed in
your room as long as possible. there
tore YOU are discharged rntii half-past
2 O'Clock this afternoon"
Disagreement on the part Of the
fury was not unexpected by those who
heard the testimony at the time Of the
trial. as it was Of the most conflicting
nature.
Released on Bond.
Upon the discharge OF the jury. Mr..
Tyre. accompanied by his counsel, J..
Frank Ball, Mrs. Tyre and several
friends. left the court room. Mr.. Tyres
previous bond standing good until the
case is finally disposed of. Deputy
Attorney General Hastings announced
at the conclusion Of the trial that the
case would be retired. He would not
state, however. whether it would be
taken up at this term Of court or not.
Box in Vault.
Attorney General Richards. after the
discharge Of the jurors. asked the court
for an order returning the ballot box
Of the Shellpat district. which had been
offered in evidence during the Tyre
trial, in the custody of Deputy Clerk
Of the Court Janvier by him to be
placed IN a vault in the Equitable
Guarantee and Trust Company. Such
an order was directed by the Chief
Justice.
Another Jury ouashed.
Prior to the transaction OF business
this morning Attorney General Rich
ards announced to the court that the
jury for the Superior Court. which
convenes to-day. had not been proper
" summoned. The jurors were sum-
moned to appear on November 10 as
petit jurors for the Court of General
Sessions which convened at that time,
but none of the jurors had been sum-
moned to appear to-day in Superior
Court, although they are identical with
the General Sessions Court jurors.