The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-04
BURKE TO BE TRIED
Al. AGAIN NEXT April / |.
Jury, Unable to Agree, Finally
Dismissed by Judge Waddill
Yesterday.
STOOD 8 TO 8 FOR ACQUITTAL
Family and Friends Of Prisoner
Keenly Disappointed-How
Jurymen Voted.

Juryn1en Voted.
After deliberating forty hours, TIL
jury in the case Of Frank P. Burke
charged with robbing the United State;
mails while superintendent OF Station
B Of the Richmond post-office. was IN
q bile to agree and was discharged yes
terday by Judge Waddill, OF the Fed
ernl District Court
The failure to secure an acquitta
came as distinct disappointment u
Mrs. Burke and the members OF ths
family. several Of whom were preserl
in the courtroom. The defendant HIM
self seemed mistaken In his composure
and went through the fornfalities Of
renewing bond with the same even
stolid Indifference, that has marked
his demeanor during the entire trta
Nine for Acquittnl.
At the conclusion OF the case the
jury stood nine to three for acquittal
Messrs. Vial, Mclaughlin and Wadiill
holding out for conviction. II was
stated by one Of tie twelve that when
the case went to the jury on Saturday
night, hurried canvass at that time
showed six in favor of acquittal and
six for conviction. When court opened
yesterday morning and the first formal
ballot was taken. two others had gone
over to the side Of the prisoner.
Ono more change came during tie
morning, making the final result nine
~. W. rosi+,ve,v thai M
: ,,,a,,at ssI,,aro t,n,, ,n,,id chanpe
~ 49, enrthar daia,.
,,}.s ,, oe,a'
scene In CourtrooiH'
Court was opened as usual at 10
o'clock. the Jury at once retiring to
their room. The foreman, Mr.. Forrest
of Richmond. took with him
the courts instructions and the two
questions. Then came q
long period of suspense. with the crowd
of spectators impatiently buzzing about
the corridors of the Federal building.
was closeted with Hon. Harry ST.
George Tucker counsel for the re-
ceivers of the jamestown Exposition
In the courtroom the lawyers and
officials swapped yarns and made vary
ing forecasts of the jury's opinion.
Mr.. and Mrs. Burke, with their two
and several friends. sat pa
tiently awaiting the result. OCCASION
ally engaging in low-voiced converse
ton. Burke himself showed probably
less concern as to the outcome than
any one else there.
CouId Not Agree.
M. 49, ,o,,,rraz ~ ~ 1900
~ .,ss-,, 49, ~ -. s ...1
s ~ star - ..n,oa,s 49, ~. We
.,aen yrahla - ,rrae rmd.a Wiad di
-, &c., ~ ~, as s.. aul...
|. stt,ona.ia. ~, ~ ~.
!. . = y, ne ineeies.s OF ootn
.a.,,a az 80 a.u -. i. n.lene ailu
1sa''i tile Wa, ~ 'ne courtroom oe.
!, uis fanny ana lIisnas OF Mr.
hurke becoming Perceptlpiy nervous
IS the hours dragged on. II was after
/ O'Clock wren the jury again asked
leave to report, and there was flutter
u expectancy among those who
prophesied decision, the general opin-
ion and hope from all whose SYM
pathies had been evoked by the pitiful
see their way to an acquittal.
When Judge Wadd!ll assembled the
bench. Mr.. Tucker and the other at
tcrneys, who had been with him in his
office. joined the newspaper men In tho
courtroom, and there was a general
hush as the Of the Jury was called,
The silence was broken by the an.
from Foreman Forrest 7
that the Jury had not !, ,raaa
upon a verdict. Mr.. phflin = Peuars
seconded tbe statament -, ~ 80
nan sav;,s thatAtha IN, - en ~, iufe.
the casa nn+ .hara,,,,,,. ~. -. saed
ira onintor - a,.e.,, =, go :. va. =,
take new evidence OF concl,isiva sort
6rip -