The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1908-04-24
II Only One Man Had Held
Out lie Would Have lnsti-
tuted Investigation Of Pc.
culiar Circumstances.
Says. Welfare OF State De
mands That Some Verdict
be Returned in These
Cases Without Delay.

The suits for 100000 damages
irstituted IN federal court by Robert
and Mary Hollowoll against citizens of
Caldwell county for whipping them
ard driving them from the county the
morning OF May ., 1907, will be tried
again May If In this city.
In discharglng the jurors this
morning fifteen minutes after they had
assembled in the court room, Judge
Evans said the welfare not only OF
the parties but Of the state and patton
demands that some verdict he reached
{. the eases and one OF them VIII he
tr!ed May H. He also said had only
one man hung the jury he would
have Instituted an investigation. u
he learned that one man ON the iury
had concealed the fact of his relation
ship TO defendant and witness, who
swore against the character of plain
tin and that circumstances had arisen
since the trial Of the case that war
ranted an investigation. But since
two men held out, he had no knowl-
fNkt Ol aNNAAAhA " WI if''' '''i''f
of the second mans motives.
lie added that in the next trial
there will be a fair and Impartial
Jury. aud he will see TO Il that no
member OF any association gets on IT,.
that is prejudiced, and taken from
sections where there has been no
trouble or excitement lie said no
relatives Of witnesses Of parties viii
BE- ON the jury.
II II believed from this that the.
next jury will come from Louisville
The Jury stood ten for the plain
THIS and and two for the defendants.
Those who favored the defendants
were W. A. Gresham, of Lyon county
and w. C. Cherry, OF Carlisle county
The other ten. II Is said. could have
agreed on a verdict for $4,000 with
I'm fifteen inmates after going ont.
They kept on reducing the amount IN.
an cndeaVor 20 reach a compromise
until they proposed S., o00. one OF
the men said he would stay there for
ever. before he would give verdict
against the dcicndahts.
The Jurors had been out only few
minutes last night when they rc-en
toed the court room and asked the
court II the verdict must be unani-
nous. and were answered In the.
affirmative.
some Circumstances.
Al O'clock they were dismissed
for suppgr and reassombled at 7:4S
Trey remained out until 10 O'Clock
and then were dismissed for the night.
II is said that residents of Padu-
cab, whose views on lawlessness arc.
known to the public as well as the.
authorities. were busy during the
night and Judge Evans attention was
called to IT,
one reputable business man said
that early on market this morning he
heard a man say: "What in the h.
can we do on the jury with them city
fellows. They are wise
Many of the witnesses and some OF
the defendants went home last night.
Detectives shadow the plaintiffs dur
ing their stay.
Created Excitement.
steve Schoat, witness from Cald-
well county, who had been convicted
for soraping the plant beds of John Il.
IIollowoll. created excitement by
shaking his fist and declaring some
body would get that" in front of the
custom house just after the jury re-
tired County Road Supervisor Bert
Johnson. overheard him. and as the
conversation had been about judge
Evans charge he supposed Schoat was
threatening the judge. Schoat was
turned over to Marshal Long and
Deputy Marshal Ellwood Neel Sohoat
denied having made any threats.
Judge Evans Charge.
In his charge to the jury Judge E,-
ans said night riding had been thor
oughly discussed that Il would be n
waste of time for him to deal with
the subject generally. He said there
was no question that these people had
been whipped, and since there was no
evidence that men called on horse
back, he presumes they were whipped
BY ncighbors. He said while the de-
tense had introduced witnesses 10
prove the plaintiffs regulations wer,
bad, equally al good looking witnesses