Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-05-30

Hopelessly divided-10 to 2-the jury
which has since May 10 been trying
William P. McComas reported at 1882
o'clock last night, after eleven hours
and twenty-five minutes deliberation.
that it could not agree upon a verdict.
The twelve men were promptly dis
charged by Judge James, who inti-
mated he, too, thought their task hope
less.
McComas was released upon $4,000
bail, the bonds being signed by Mayor
Harper as bondsman. McComas then
went to his apartments to await a sec
ond trial of the charge against him of
having slain Mrs. Charlotte L. Noyes.
1t was the opinion of the majority
who had heard the case and by many
officers of the court that the majority
of the Jurors favored acquittal, al
though no juror would make a state
ment as to how they actually stood
beyond the fact that they had taken
ballot after ballot and only once did
the position of 10 to change. and that
was at the first ballot, taken after the
jury came in from lunch.
The result of that ballot was Q to 3.
After more arguing another ballot was
taken, and on the count 1t was found
they had gone back to their former and
final position of 10 to 2.
viii Report Monday
The principals in the case will re-
port in Judge James court Monday
morning to have the trial reset.
The scenes attending the announce
ment by the members of jury of their
inability to agree were robbed of sem
sation by the general idea tnat after
their long deliberation and the reports
of wide division of sentiment the
juroros could make no other report
than one of disagreement.
McComas, surrounded by his counsel
and friends, received the verdict in
absolute silence. Smiling and confident
when he entered the court room few
minutes before the entrance of the.
Jury, he sank into his chair when
Foreman r. d. Hollabird, in response
to a question by Judge James as to
whether a verdict had been reached
by the members, said, I'VE have not"
Outside the court building only
few people gathered. Hundreds had
been there earlier in the evening, but
police reinforcements had arrived with
instructions to keep everyone moving
and this had soon tired the idle and
curious into a willingness to depart.
The court room was half empty.
Only newspaper men, the court at
taches and a few favored friends were
allowed to enter to hear the verdict.
Judge James feared a demonstration
of some sort should the general public.
be admitted, and he gave strict orders
against this.
Mccomas Awaits Report
McComas had been waiting for a
summons to meet the jurors since
shortly after noon. He felt the even
ing would bring crisis and that a
verdict would be reached or Judge
James would discharge the jurors from
further consideration of the case.
This was the general belief, and the
only feature of the case was the
dogged manner in which the jurors
continued at their task and declined to
be asked to be excused
Judge James had determined to let
them fight 1t out among themselves
until they made call for assistance.
Every one connected with the case
seemed to accept the situation as Of
fering no hope, when the Jurors filed
in, and then followed the brief court
room proceedings, at which the disa-
Jury dismissed and the prisoner re-
manded. Entering the court at 1922,
the Jury was free ten minutes later.
McComas refused to make any state
ment for publication except to say
he was deeply disappointed"
Earl Rogers, who was the senior
for the defense, was not in the
courtroom when the verdict was an
or when the jury was dis
charged.
Refuse to Discuss Case
The story of what happened in the
courtroom from the time the jurors re-
tired at 11:07 o'clock in the morning
until the time they announced their
was too vague to war;
rant any discussion of the facts.
None of the attorneys would make
any statement in the case, with the
exception of Mr.. Fleming, who said:
Il know no more about the disagree
ment of the jury than the general pub
ic knows, and it is too early to dis
cuss plans for the future"
Judge James called the jurymen into
the court at 5:15 and received mega
tive reply when he asked IL they had
reached a verdict. At that time the
Jury stood ten to two.
McComas, who was much depressed
At the close of Assistant District At
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