Arizona republican., 1906-11-24
JURY SLEPT
 ON WELLER
No Verdict In the HOmi-
 eide Case
The Fate of the Defendant Submitted Late Yester- day Afternoon.


 
 At 10 o'clock last night the jury m the case of Elton E. Weller tried for the murder of Chas. B. Williams had been unable to reach a verdict after deIiberation of six hours. There was a pretty general belief that the jury would be unable to agree at all. This belief was based largely on the cir cumstances that the jury having been at variance so \long had little ground for compromise. II had been as- stunned that the severest verdict tha' would be found against Weller would he one of manslaughter. and as that is the lowest in the homicide class there could be no middle ground on which those favoring conviction aad hose who might be favOring acquit- tal could come together.
 When the case was resumed yester- day morning there was a very little 1nimpOrtant evidence to be put in by ihe defense. This as the most of th. testimony Of the day before. related to the bad reputation of Williams for luarrelsomeness.
 The instructions were given bv Judge Kent and the arguments begun. .'pencd on the part of the territory by Assistant District Attorney Bullard. who. whatever the effect of his elo- quence may have had upon the jury. stirred Mrs. Kearley. the aged mother of Williams to a. wild outburst of grief. as he flung the bloody shirt of Williams about him and denounced Weller as a murderer.
 Mr Bullard was followed by Chas woolf for the defense in an unimpas- stoned but carefully delivered address in which he attacked all the evidence of the prosecution which could not b.. reconciled tO that of the defense.
 But there was not after all. SO wide difference of the stories of the kill Ing. Though it had been seen by at least three persons, or though at least three persons said they had seeR. only one Of them told a story which could have been reconciled with any of the other relations Of the tragedy. The defense therefore sought to slow that this witness. Benjamin Rogers. was a fool and a liar. and proved that though he said he had seen Williams shot. did not know that he was dead until the following day
 The conflict of testimony really nar- rowed down to Weller's relation of the affair and the wounds in the back of Williams. Weller swore that both shots were fired as Williams was ap- preaching. The wounds in the back were accounted for by Mir. Woolf in manner in which he said was the most natural thing in the world. That is. that Williams or any other man. seeing gun aimed at him and think ing it is about to be fired. instinctively partially turns his body. Tn this case Williams had done so in time to re- ceive the first shot. and then advanc- ing at Weller had said he advanced. he turned again as Weller fired the sec ond time.
 Williams had been heard to say. Don't shoot again: give up." Tine witnesses for the territory said that this exclamation was made after the first shot. Weller testified that it was made after the second shot. The pros- ecutor pointed out the Impossibility os such a conversation seeing that two of the No. shot of the second dis charge had passed through Williams heart
 Mir. Woolf relied strongly on the tes- timony as to the character of Williams. the popular recognition of him as (. man of violence and the terror in which the defendant had lived for ten years and the pains he had taken all that time to avoid him
 The arguments were closed by MT. Bullard in another strong speech and little after three o'clock the case went to the jury.
 In the event of a disagreement the case will probably be retired imme- diately.