The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-01-31
JURY FAILS TO
REACH VERDICT
DlschAnaED FROM FURTHER
CONSIDERATION OF CASE
FOR CHANGE Of VENUE
8siieved That aFair Trlai Cannot Be
Had II This county-Larson erlb-
cry Case Continued for the Term
BY Consent Of Counsel.
From Wednesdays Daily.

eglEM nEHMn=HE
From Wednesdays Daily.
After being out 63 hours in a vain
attempt to reach a verdict In the case
In which Dr. w. A. Allen IL charged
with procuring an abortion on the
person Of Minnie Carlson, a domestic.
the jurors were thanked for their
services and discharged by Judge
Fox in the district court at 10 o'clock
yesterday morning. +
It has been stated that the stand
ing of the jury on the first ballot
which they took was s to 4 for con
viction, and on the second ballot 10
to 2, and every one thereafter the
jury stood II to one for conviction. It
Is understood that Dave Wolfson, a
we'll known citizen Of this city, held
out for acquittal from start to finish
Mr.. Wolfson admits that he stood
out for a verdict Of acquittal in the
case, because in his opinion the pros
secutien did not prove Its case be-
yond a reasonable doubt.
Jurors Questioned.
Attorneys for the prosecution and
defense and the defendant himself
were present9yesterday morning when
Judge Fox called the jury in. Judge
Fox stated that he wished to examine
the jurors to determine whether or
not there was any possibility Of them
arriving at a verdict, and asked the
attorneys II there were any sobjec-
lions to him taking such action. At
torneys for both sides stated that
there would be no objections and the
jurors were brought in and took their
places in the jury box with o. B. Par
ham in the foreman's chair.
When asked If they had reached a
verdict, O. B. Parham, as foreman,
stated that they had not and that he
didn't think it wal very probable that
they would. When asked If he
thought that reading the instructions
over again would help them to reach
. verdict, be stated that he did not
think so.
Each juror was asked similar ques.
tons, and all answered that there
was little probability Of them coming
to an understanding. Then Judge
Fox thanked the jurors for their ser
vices and discharged them.
Judge Fox set the case for trial
again March 16, and stated that he
thought 1t would be impossible to Sc
cure a jury in this county to try
the cas-
When mention was made OF the
date on which the case was to be
tried again, Attorney o. F. Goddard,
for the defense, arose and stated that
he wished to give notice Of a change
OF venue and objected to having the
case set for trial.
The Allen trial was started last
Wednesday and has been the subject
Of much interest since that time.
Crowds attended the hearing each
day and the verdict OF the jury was
awaited with great interest. It is
believed that on this account it would
be impossible to secure q jury in the
county again and for that reason a
change OF venue will be asked.
Larson Case Continued.
Owing to the fact that a verdict
had not been reached in the Allen
case. County Attorney Wilson asked
for a continuance of the case In
which Frank Larson is charged with
Offering a bride to Minnie Carlson,
the principal witness for the state in
the Allen case, stating that the case
arose from the issues in the Allen
case and that he would not like to try
It until the Allen case is disposed Of.
Attorney Fred H. Hathhorn, who APP
pears for the defendant in the case.
assented to a continuance being
granted and the cas- will be contin-
ued for the term.
The case against Larson arose from
the sudden disappearance Of Minnie
Carlson and her subsequent return to
this city from Saltwater, MINI, where
she was visiting relatives.
Both larson and 0fhars ~connoctaa
with the case strenuously deny that
any attempt to bride the witness was
made, and allege that II she left it
was OF her own will. 1t is said that
Larson is president Of the scandina-
Wan society, who furnished an attor.
ney to assist in the prosecution Of the
Allen case.
TO APPLY FOR NEW TRIAL.
FEgEAEE EHIL ANL E- r. ELET LE ~