The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1908-05-22
JURY D|SAGR[[S
IN HARBOUR CASE
FINAL BALIOT STANDS NINE FOR
ACQUITrAL-THREE FOR
CONVICTION.
Jurors Stay Out Forty.Eight Hour.
In Vain Effort to Arrive at a
Decision.

| AS july III luS Case VI MIS-. MARY
Harbour, charged with the murder
of Rose Adams, was discharged on,
Monday evening, having failed to
arrive at verdict, after putting In
forty-eight hours trying to reach an
agreement. AT the time of the d.s-
s'nissal nine of the jurors stood for
IFacqulttal, and three for conviction.
AT one time the men were divided,
into those who stood for acquittal,
few who held out for murder and
the remainder for manslaughter In
the first degree.
The defense was given an inning
Friuay, several witnesses being
called to break down the chain Of
evidence submitted by the prosecu-
ton. Among those who took the
stand were Walter Marvin. ]. A.
Behrens, the undertaken. Mrs. Schoe-
pher. and Mrs. Tim Murphy, all OF
whom testified regarding the bruises
on the neck Of the deceased and men-
toned by other. witnesses. Professor
Blyman was called to tell what he
knew Of Miss Adams as a pupil. Mrs.
j. B. Gossage, who arrived on the
aeene OF the shooting shortly after
the fatal shot had been fired, testi-
fed regarding the position of the
body and the condition of various ar
ticles in the room.
Mrs. Harbour, the defendant, was
the first witness called by the de-
fense, taking the stand in her own
behalf. She told of her having for
merly lived in Omaha, and of the
love she bore her alleged victim. Her
explanation Of the shooting was that
during a conversation, following
Roses return from school that after
noon, the talk turned to discus
sion of anarchists and about that
time, the girl took up revolver and
said she was going to be one Of them.
Mrs. Harbour declared she grabbed
\ for the weapon, and in the scuffle
that ensued the gun was discharged,
but whether she or Rose pulled the
trigger she did not know. A vigor-
GUS cross examination failed to shake
the defendants story to any extent,
although the strain gradually be-
gan to tell on her and she almost col
lapsed before the ordeal was finished.
Mrs. O'Rourke testified favorably
for tn defendant, saying, Miss Adams
had always been well treated and
further, she had not seen any signs
of illtreatment on the body OF Rose.
| After the defense had rested the
safe called number Of witnesses in
fe'buttal, to disprove some OF the
testimony of the. testimony offered
by witnesses for the defense. The
state then rested and Attorney Ed
wards made the opening argument
for the prosecution, followed by At
torney Boyd who occupied the re-
lnasnder of Saturday forenoon in an
exposition of the case from the
view point Of the defense.
After dinner Attorney Soule fol
the defense continued the argument
in an address to the jury, over an
hour in length.
States Attorney Wood made the
closing argument for the prosecution
contenting himself with quietly out
lining the case and the facts con.
} nected with it, finishing with an ex
|, planation Of various verdicts the FUR
ors might bring in under the provi
sions OF the law
The jury then received its instruc
tions from Judge McGee and retired
to deliberate. shortly after iv,
O'Clock Saturday afternoon only tt
, return forty-eight hours later with
, out verdict, as previously stated.