Pine Bluff daily graphic., 1907-04-15
HUNG JURY IN
 PERJURY CASE Covington Jurors Were Un- able to Agree After Thir- tv-Six Hours of Delibera- tiOn.
NINE FOR ACQUITTAL
One Waycrs and Two Insist on a Con- yiction--"Why do You Want Me!'' Asks Judge Lea--After Informed
 That No Verdict Had Been Reached

After being out for thirty-six hours the jury in the Covington perjury trial returned to the court room yesterday morning and announced to the judge that it had been unable to come to an agreement and that there was no pos sibiity of a decision being arrived at,
 says the Little Rock Gazette. The foreman of the jury M. l.. Diebl, in formed the court that they were hope
 lessly divided and no verdict would
 result from their further detention
 After convincing himself that there
 was absolutely no hope of a settle
 ment, Judge Lea dismissed the jury, and the second trial of A. w. Coving-
 ton, president of the Senate in 1905, in connection with the alleged bood- ling of the last legislature, was ended.
 When another trial will be held is not
 known. as the prosecuting attorney
 has left town and his assistants do not
 know what the further procedure is
 to be.
 The final ballot of the jury just be-
 fore they gave up hope was 9 to 5.
 with the majority in favor of acquittal.
 All day Saturday the result had stood
 10 to ? in favor of freeing the defend-
 ant, but just before the last ballot
 James Morton of Little Rock changed
 over to the side that voted for a con
 fun thaf hp1
 for conviction from the beginning
 to the end were Alexander Trotter of
 Bayou Meto and D. D. McNar of Gray
 townships. Thse two members were
 fused to budge from the position that they bad taken.
 } The balloting on the verdict ran all = the way from to for conviction tC ter the jury began their deliberations 7 there were nine men who voted tC e send former Senator Covington to the - pententiary, according to Juror Trot r. ter. The foreman, M. l.. Diehl, J. w : Nichol and J. J. Cloar were strong1! f in favor of acquittal from the start r, and these men led the fight in the jury room for the clearing of the defend
 ant. After the third or fourth ballo . the vote stood for conviction and
 against. At this juncture the foreman :, suggested that the members of tht jury ask for the rereading of the in x,sN 1,n xyft Dl ~ the information on the subject before proceeding further with the delibera j. tions Acting on his advice, they pro Il ceeded to the court room, where thu 'i instructions were read at their re quest. This did not help much bu ), when the court on the motion of tho j. defense instructed the jury not to re n gard that portion of his speech il :. which MT Rhoton had asserted tha
 Butt had confessed his guilt to tht
 prosecutor himself "a light broke il
 on the jury, and when the vote wa: .- taken immediately after they had re N tired to their chamber the result stoo(
 10 for acquittal and for conviction ' Evidently the members of the jur! '- had laid great weight on the state Il ment about former Senator Butt, ant | when they were prohibited from con a sidering this in the case before then l. one of the great reasons for con o viction had been removed, and thu F. jurors changed their votes according c ly. From Ii o'clock in the morning Il Saturday, until 3 o'clock, Sunda, d morning. the ten men strove to con Is vince the two outstanding that tn n accused was not guilty, but the latte e stood steadfast and refused to change " This state of affairs was bopeles ,t enough. but when on the last ballo y one of those who voted for acquitta =. changd over to the conviction side tn ,s foreman realized that hope of a :. agreement had fled.
 >. They thereupon informed tn
 deputy sheriff in charge of them o
 their inability to arrive at yer