The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-27
ischarged by Judge Carter
After Being Out for
Sixty Hours.
sTRIAL DECLARED IN CHRIST
AAs CASE YEsTEROAY-sYNoP-
lis OF CLOSING ARGUMENTS
Of COUNSEL FOR BOTH SIDES.
Special to The Journal.

Marlanna, NOV 26.-At S:3O this
rning the jury in the Christmas
Sc came in and announced to the
lrt that no verdict could be arrived
as the members of the jury could
agree, whereupon, mis- Honor,
1ge Carter, instructed them to re-
e and consider further and see if
~ could not agree.
At 1920, the jury again returned
o court with the same announce
mt, that they could not agree, and
re accordingly discharged and
stTial declared.
Argument of MIR. Price.
Late Friday afternoon, Mr.. Price
mmenced his argument reviewing
testimony exhaustively and logi-
lily, pointing out conflicts in testi-
my of state and defendants wit
sses.
First, in regard to the horse seen
d heard by witnesses on the road
the Christmas place. he showed
at from Jim Browns to Bob Jones's
distance of three-quarters of a mile,
~ least two hours was consumed,
en- when a difference in time of
;iocks of the respective parties was
granted He asked what became OF
the buggy; at one place the horse
was seen attached to buggy-when
It got as far as Jim Browns's, there
was no buggy, but rider on his back,
and although Brown had known
Christmas for many years, and even
with light sufficient to see a blaze in
the face of the horse, he could not say
the man on his back was Christmas
Mr.. Price thought it was not so much
a difference of clocks, but a difference
in testimony of the witnesses.
Tracks of two buggies were seer
from Campbellton down the road past
Emma McKinley's, Bob Johnson's, jim
Browns and on down to Will Pitchers
house, and from there on the track Of
only one buggy was to be seen; ne
wanted to know how the state &C
counted for the absence OF the othel
buggy from that place on.
Mr.. Price commented on the will
and the fact that the cOroner'S jur,
had that safe open the day after thu
murder, and handled every paper il
it, and would have undoubtedly fount
the blood stains at that time, if an.
there were on it.
He reminded the jury that Their,
was evidence that the will had beef
sent to New Orleans for analysis, bu
no evidence was submitted as to tn
result of the test. Also. the blood
stained clothing had been taken by tn
sheriff to Jacksonville, for the sam
purpose, but there we're no expert
here to say what they found. Afte
talking over two hours, Mr.. Pric
asked the jury to consider well thi
! testimony from every point Of view
before they brought in a verdict thu
would put a stain on Tie Christina
family that would go down from gel
Grafton to generation.
Closing for State.
At eight o'clock Mr.. Wilson began II
closing argument for the state, fir
complimenting the jury on their p
thence and close attention TO test
mony and argument of counsel WI
had proceeded him, and craving the
attention on his behalf little longe
as the end was drawing near.
He said that one of defendant
counsel had stated that the state hi
not shown Will Christmas was pre-
ent at the commission of the Grim
nor that he struck the fatal blow, b
If it was conclusively shown that
was there aiding, encouraging al
abetting the party who did strike 4
fatal blow, the court would char
that he was just as guilty as thoui
he had done the act himself.
Mr.. Wilson divided this matter In
three parts. LIST. Was j. NJ. Chri
mas murdered End. Who was me
likely to have committed the offen'
3rd. Was VIM d. Christmas guilty
[ the crime.
He felt it was not necessary
dwell on the first question-that W
: already answered in the aff1rmati'
As to the second, he asked il 1T COZ
ne shown that any one else had
, motive TO commit the crime that w
. d. Christmas had.
? To the third, he devoted some on
! in answering the arguments OF OIL
0 counsel. showing that VIM. d. Chr
p mas was the guilty agent.
0 They tried to imphcate Jack Boo
s but after holding him, together "
some four or five other darkeys 10