Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1907-10-29
Jury Disagrees in Everett Case.
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autopsy, but he has not been questioned
regarding 1t. The state asks you to rest
your verdict upon the diagnosis and
opinion of one physician, that the injury
could not have been caused by any of the
flying material. Doctors sometimes dis
agree, as we'll as lawyers.
II the fact that Everett made that cut
In the throat has not been established to
your satisfaction, then the theory OF
felonious killing fails.
Now apply these tests, and return such
verdict a. justice requires.
The charge occupied only about half
an hour, and at 1907 Tuesday the jury
retired to their room. Just before noon
word was sent by the officer to the court
that they would like their dinner sent to
them, and 1t was done.
At about 8 p. NJ. word was received
from the jury that they would like
further instructions. They were brought
in, and at the request of the foreman
Judge Strout repeated substantially those
portions of his charge which related to
the matter of the insurance and the
medical experts. They then retired
again.
About half-past four a written com
munication from the jury was handed to
Judge Strout, who was sitting in the
library. He read it, handed 1t back to
the officer, and said simply, "Tell them
to hold on"
When court suspended for the night,
about 6 o'clock, the judge left instruc-
tions that II an agreement was reached
before II O'CLOCK he might be called to
take the verdict. During the evening a
telephone message to the judge at Hotel
Andrews requested that they might be
discharged, being unable to come to an
agreement but he declined to release
them.
| Wednesday morning at 9:30, when
court opened, the jury were brought in
from their room, where they had spent
twenty-three and half hours, and Fore
man Bolster stated in answer to the
court that they had not been able to
reach an agreement.
Judge StrOut then spoke to the jury in
part az follows: "This case is to be
decided by twelve men finally. have
no reason to think that another jury can
be found more competent than you.
While no juror should be required to
surrender his honest convictions, his
mind should be kept open, and he should
consider whether upon the whole, In
view of the evidence, he may be right or
may be wrong. Without regard to pre-
conceived notions or first impressions,
you should consider whether you may
not arrive at verdict by applying the
principles of law which have been given
You to the evidence in this case" BE
then instructed them TO retire again and
resume consideration of the case.
At about IL o'clock note from the
jury was handed to the judge, and after
brief consideration he said, swell, bring
them in"
The jury once more filed in, and Judge
Strout said to Foreman Bolster,
81 understand you have not agreedP
"We have not"
"And is there no prospect Of it?''
81 don't think there is any possibility
of it."
"You stand about as you did at first9"
Exactly"
"well," said Judge strout, "you may
be excused"
And such was the result of the trial.
1t is understood that the jury at first
stood eight for conviction and four fol
acquittal; and that on the last ballots
they stood seven for conviction and five
for acquittal.