The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-03-23
JOE SULLIVAN
JURY DESPAIRS
Of AGREEMENT
Nine Men Stand for Convic-
ton When Report Is
Made to Court.
ARMSTRONG DECLINES
TO DISCHARGE JURORS
SULLIVAN EATS HEARTILY AND
SAYS HE ISN'T WORRIED
ABOUT RESULT.

: : =:
HOW SULLIVAN JURY STANDS :
y For conviction on the charge of :.
= murder i'm the first degree: Hy- :.
:: rum II. Evans. foreman Joshua :.
= Hill of Sandy, Thomas Lowry, :,
= Thomas Aston, Robert Hazen H :.
= H. Try, William A. Borgess. of :.
:: Union, William n. Davis and ID. L. :.
= Murdoch. :.
=: For conviction of murder in the :.
second degree: Hyrum Stoffer of :.
= Murray. :.
= For acquittal: Charles Denny of :.
= Union and Samuel Oldham. -
:: Considering the low character of :.
= the principal figures in the Sulli- :.
= van trial, the wide interest in the =
= case throughout the city is sur =
y prising. Yesterday afternoon and =
:. evening The Herald received more :.
- than 300 inquiries over the tele- -
- phone as to whether the jury had :.
:: reached a verdict. The informa- :.
= ton bureau of the Independent :.
= Telephone company received dur :,
- ing the afternoon and evening :.
= about $50 inquiries every hour, and :.
:. the Bell company answered more :.
- than fifty inquiries between 10 and :.
:. 1920 O'clock last night :.
=
After thirty-one hours of elaboration
the jury in the case of Joseph Sullivan,
the alleged highwayman charged with
the murder of Policeman Ford, was
locked up last night at II O'Clock at
the Kenyon hotel still as far as ever
from reaching a verdict.
Nine men hold out for conviction on
the charge of murder in the first de-
gree; one man is for murder in the sec
ond degree, and two men insist upon a
verdict of not guilty.
Yesterday Afternoon the jury asked to
be taken before Judge Armstrong. The
judge appeared in the court room at 4
o clock, but there was a short delay be-
cause of the absence of the accused
man. When Sullivan at last was tax
Ell into the court room and took his
seat with his usual swagger and ex-
look of smiling unconcern.
Judge Armstrong, addressing the jury,
said:
Gentlemen of the jury, | have been
Informed that you desire to be brought
into court The statutes of the state
permit you to appear in court on Sun
day. a holiday, for additional instruc-
tons from the court. Concerning your
verdict, l can have nothing to say. The
court has no control over your YER
dict. But I desire to know if there is
any prospect of an agreement"
Says They Can't Agree.
Hyrum II. Evans. foreman of the
jury. rose from his seat.
I'VE have come TO the conclusion"
he said, that an agreement as TO a
verdict is an utter impossibility. We
have discussed the case thoroughly, and
l can state emphaticaIly that we can
not agree"
Judge Armstrong replied that he
would not discharge the jury. IF you
will read the instructions of the court"
he said, you win understand the ma
ture of the duty you have been called
upon to perform. | will ask you to re-
turn to the jury room and make anoth-
CT effort to agree upon verdict
The jury then filed out
Owing to the deadlock i'm the Sulli-
van jury, Judge Armstrong will not be
able to open court at Tooele today
The session of court there has been
until Wednesday
This is accepted as indicating that
Judge Armstrong will refuse to dis
charge the Sullivan jury until Tuesday
Ii it continues to be unable to agree
If if is necessary to discharge the
Jury, County Attorney Willard Han
son and District Attorney LOofbourow
will have Sullivan placed on trial for
his life again at the earliest possible
A failure of the jury to reach YER
1ict will cost the county. according to
, T.ac sat,f
)OO
Acquittal Seems Impossible.
AS there are nine members of the
Jury who favor verdict of murder in
the first degree, it is believed that
there is no possibility of the jury ae-
quitting Sullivan. But if such an uE-
turn should be taken, YER
lict of not guilty would not mean that
Sullivan would be liberated. He would
De held for trial on the cahrge of rob
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