The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-11-14
JURY AGREES
TO DISAGREE
All Night Session Held by
the Twelve
SEVEN AND FIVE
Was the Way it Stood on the
Last Ballot.
lucas Trial Cones to an End
with Nothing Whatever Accom-
plished--COurt News.

nearly eleNen hours, the jury which
sat during the five DAY trial of the
Robert G.. Lucas case, reported
disagreement to Judge Daniel Babst.
All night long the slecpless jurors
who held the future OF young man
n their power, ballOted and argued
the evidence. At Gas o'clock, Sat
urday morning, the final ballot was
aiken, seven jurors voting for ac
luittal and five for conviction. A
'ew minutes before Z O'Clock a report
of disagreement was submitted to
The Judge.
according to the reports from va
rious members OF the jury, the body
was practically evenly divided in
opinion of guilty and not guilty. The
first ballot taken at $3.50 o'clock Fri
lay evening showed six for acquital
and six against it.. The ballot showed
the same result a score OF times dur
ing the night.
Immediately after the jury filed in
10 the court room and announced a
disagreement, Judge Babst dismissed
The body. The jury that could not
agree was composed of the following
men: o. A. Benedict, David Haber-
man. Carl Lott, John Baldinger, Louis
Berringer, Charles Taylor, s. | Ma
haifey, r. j Cronley, John Hober-
man, II. A. Mason, Richard Squibb,
aud Samupl SrhWadprer
Perhaps never before in the city of
Marion was there a trial that excit-
I'd more intense feeling than did the
me which was concluded last night.
Robert G.. Lucas aged twenty-seven
years, prominent in social circles and
# one OF the best families of the
'ity, indicted on a charge of embez-
llement, was the subject of the trial.
The sympathy Of the public went out
% the young man. His friends were
'aithful and it was largely due to
their support that he was able to
brave the tension OF the severe trial.
Long after the jury had filed out OF
he court room, scores of Lucas
friends awaited anxiously the return
Of a verdict The attorneys Of the
Young man who had fought so in
tensely to save him from ruin, were
perhaps the most interested of all and
hey spent the entire night in the
court room.
The Ave attorneys made their pleas
between the hours of two and eight
o'clock Friday afternoon. Attorney
William Scofeld was the first speak
er for the defense while Attorney
John Clark opened the argument for
the state OF Ohio. Attorney Harry
Quigley submitted his argument after
which Attorney Grant Mouser closed
the argument for the defense in a
stirring address The court adjourned
for supper at the conclusion of Mr..
Mousers plea and session was again
called at o'clock. Attorney Fred
Il. CUTLERY gave the closing argu-
ment for the state. The pleas were
all eloquent in the extreme and hun
dreds of people crowded the court
luultOllHHiI ilobShlhS WIN lhtSHS-
interest.
Judge Babst's Instructions to the
jury were simple impartial and very
emphatic. The trial throughout was
clean and as a result, very impress
sive.
The trial proved one of the most
costly that has ever been held in Ma
rion county. The costs TO the state
will aggregate about 5000. About fir
ty witnesses were examined, many
of whom were from out of the city.
The witnesses fees alone amounted to
nearly $500.
AS to the courts procedure in the
case there Is nothing definitely
known. The defendant is also in
dicted for forgery but 1t is probable
that the charge will not be tried un-
til the count of embezzelment has
been settled. Prosecuting Attorney
John H. Clark stated Saturday morn
ing that he has not given the case
any thought as TO future proceeding.
And II Is potable that as a result
of the disagreement of the jury,
Friday night, Robert Lucas will not
be called upon to face the court an
other time to answer to this charge
AS the result of petition for ALI
mony filed several weeks ago in
Common Pleas court by Zoa Sycks,
against George W. Sycks and others,
an answer of the Marion Building,
Savings and Loan company was filed
in Common Pleas court Saturday by
its attorney l.. b. McNeal
In the original petition which was
not disclosed to the public at the
time of its filing. Mrs. Sycks,
plaintiff, declared that she had been