Los Angeles herald., 1909-09-19
SIX TO SIX IS
JURY'S STAND IN
BENNETT CASE
TWELVE MEN FAIL TO REACH
DECISION IN MURDER CASE
TIRED JURYMEN DISCHARGED BY
JUDGE
Prisoner Goes Back to Jall-lnslsts on
Making Statement In Court, but
Is Quleted FinRIly by
His Attorney

Bennett, charged with the killing OF
his wife, Eugene Thompson Bennett,
by strychnine poisoning the night of
February 13 last, reported to Judge
Willis at ABS O'Clock yesterday that
no verdict could be agreed upon and
that the prospect of an agreement was
hopeless. The twelve men, almost ex-
hausted from their deliberations OF
twenty hours, were discharged and I'M
medtately left the court room to go
to their homes
In striking contrast to the scenes
attendant upon the long trial, when
each day found an overcroWded court
room listening to and discussing the
testimony, less than half score of
persons were seated in the spectators
chairs when Bennett was called to his
seat beside his attorneys, q. B. Drake
and T. L. Johnson, at the lawyers
table.
Benefits sister, Mrs. Walker, his
two children, Lalah and Grace, ana
Mrs. "Midge" Molster, infatuation for
whom, according to the prosecution,
supplied the motive for the alleged
crime formed a little group near the
railing. Bennett appeared not to see
them as he entered the room from the
bridge of sighs leading to the county
jail He hurried to, Mr.. brakes side
and Immediately began an earnest
conversation. Not until his yougest
daughter, Grace, broke away from the
arms of her aunt and touched him
lightly on the shoulder did he give any
attention to his surroundings.
Showed Lack of Sleep
1t was the second time Bennett had
entered the court room during the day,
the first occasion being when the jury
was called at noon to announce that
six of their number favored acquittal
and six others conviction. Bennett S
face showed the fleets of q sleepless
night and it was reported that he had
eaoten nothing at the breakfast table.
His eyes were bloodshot and cheeks
were drawn and colorless. A few mo-
ments before the noon hour, when
the call was sent to the county jail to
place the accused man on the bridge
of sighs, he almost collapsed and II
was necessary for DR.. T. NJ. Hart, the
Jail physician, to administer stimu-
liant.
AS the Jurors entered, Bennett
watched their faces intently. A. w
Stewart, one of the jurors, replying
to Judge Willis question whether a
verdict had been agreed upon, re-
sponded, mo; we stand six to six, and
mas D6GH lildl way IIOin I1C 6bdlLs
AS the twelve men were sent back to
the jury room Bennett turned toward
his attorneys.
1T want to make statement before
these men leave the room," he said.
Now is the time to d It,"
1t was only after some harsh re-
monstrance that he was induced to
remain in his seat.
Hand Still Steady
"I cannot understand it; cannot
understand it," he repeated over and
over again.
Don't lose your nerve" said Mr..
Drake.
Don't for a moment think that 1
have lost my nerve" replied Bennett,
holding out a hand remarkabl for its
steadiness. 'T have listened to this
evidence from the standpoint of the
own" he continued, "and 1 cannot
imagine why was not acquitted long
ago. There was not one scintilla of
testimony on which a verdict of guilty
could be returned"
Then he kissed his children and went
back to the Jail.
At 4:30 o'clock Judge Willis again
called the jury into the court room.
Again, in response to his question, Mr..
had been reached and the jury was
hopelessly divided, six to six.
Ball Is Demanded
Several jurors were in turn asked
what they believed was the prospect
of reaching an agreement and each
answered there was none. The jury
was then discharged.
Attorne.- Drake Immediately made
a motion to have Bennett admitted to
bail, basing it, he said, on the f cts
brought out in the testimony, the con-
dition of Benefits health and that he
had a helpless family needing his at
tention. Upon suggestion of G.. C.
McComas, assistant district attorney,
determination of this matter was
postponed until Mr. Drake returns
from a business trip to Riverside,
Several jurors were asked as they
left the court room what was the point
upon which they disagreed, but one
and all refused to go into details con-
cerning their deliberations
There seemed to be nothing upon
which we could agree" said one jury
man. 1--WE started that way and re-
mained in the same frame of mind
throughout Before leaving the jury
room we agreed among ourselves that
we would not discuss anything that
transpired, and already l believe l
have said more than I should"
When asked If there would be a
second trial of the case, Mr.. McComas
said:
1.-THE failure of the jury to agree has
not changed my belief in Bennett S
guilt, and you may say that l cer-
tainly will insist upon a second trial.
No question of dismissing the case can