Los Angeles herald., 1909-11-26
MARKHAM JURY
HELDAT BAY BY
LONELY JUROR
TWELVE MEN STAND II TO !
AT END OF rs HOURS
SANITY OF THE AssAlLANT OF
ETHEL WOLFE AT STAKE
Coeqrove Man Refuses to Be Moved
from Position After Even
Fears of Physical
Attack

For twenty-five hours, beginning
about noon Wednesday, eleven jurors
argued peaceably, strenuously and at
times almost to the point of physical
attack with one of their fellows. and
finally at / o'clock yesterday reported
to Judge Davis of the criminal court
that an agreement could not be reached
in the case of b. H. Markham, charged
with insanity. Markham's trial on a
charge of mistreating little Ethel
Wolfe in Elysian park is set for today.
The one man who held out for the
acuuittal Of Markham on the insanity
charge was Franklin B. Spencer OF
Colegrove, who maintained his attitude
of refusal to agree with his fellow
jurymen from the moment he entered
the jury room. At one time, during
the long hours Wednesday night,
Spencer called on the court bailiff, Ed
win Lupton, for assistance, fearing, ne
said, an attack by some of his more
exasperated companions.
Wnen the jurors returned to the
court room at 1 o'clock yesterday 1t
was the third time they were called
on to make a report since the case
was submitted to them.
eve are unable to reach an agree
ment," said the foreman. 1--WE stand
eleven to one, just as we have stood
since taking the first ballot"
Jurors Scored by Judge
Judge Davis, before discharging the
jury, made a lengthy statement, in
which he called their attention to the
fact that verdict must be reached
on the evidence and that a failure to
do this amounts to a violation of their
oaths and a disregard of the law.
All the evidence in the Markham in
sanity trial was introduced by the
prosecution, two physicians testifying
the man was insane, while several rel
atives went into detail concerning his
peculiar actions during the past sew
eral years.
A verdict Of insanity in accordance
with this evidence was expected with
in a few moments after the jury re-
tired to deliberate at noon Wednesday.
Five hours later the twelve men were
called back into the court room, the
foreman reporting an inability to
agree.
Judge Davis read additional instruc-
tions from the statutes. emphasizing
the provisions of the law that a YER
dict must be rendered on the evidence
and that everything outside the evil
dence must be excluded in the delib-
erations.
Again Called Into Court
Late Wednesday night when the jury
was again called into the court room
the same report as to their standing,
eleven to one, was made, and they
were locked up for the night.
1t is perhaps the first case in the
bfctorU Of tba ponDfU in which a
unanimous verdict has not been re-
ported where the evidence was all on
one side, Judge Davis taking occasion
to remark on this when he retired the
jury the second time, instructing them
they must reach q conclusion on the
preponderance of the evidence.
Judge Davis statement before dis
charging the jury yesterday was as
follows:
"The duty of juror is of a public,
and not a private or personal, char
acter. The law contemplates, and the
jurors oath requires, that he will
reach a conclusion in the case based
on the evidence presented on the trial.
1t is the expectation when the jurors
are conducted to their consultation
room they WILL if unable to concur in
a decision, enter upon a discussion of
the case, talk among themselves as to
the evidence in the light of the in
structions which have been given to
them By the court, and endeavor, if
possible, to reconcile any differences
which may exist among them; and
this frequently can be accomplished
through an open, honest and frank
discussion of the evidence which has
been presented on the trial.
"A juror who fails to perform his
function in this proper way, who does
not seek to reach his conclusion from
the evidence in the case, but who, for
some reason outside of the evidence,
or, because of some whim, holds him
self aloof and willfully or sullenly re-
fuses to concur with his fellows, by
his conduct subjecting them to incon-
venience, disregards the law and vio-
lates the oath he has taken. / hope
these remarks have no application to
any member of this jury"
Suspected Moneys Use
"It is another Thaw case, and money
has entered into it," is the statement
attributed to Spencer by other men,
bers of the jury.
He is said to have given no other
reasons for failing to agree with his
companions.
The other members of the jury were
William B. Cullen George Yarrow.
Lewis Wrisley, s. 7. Davisson, W. V.
Sullivan, Walter McStay, J. C. Math-
las, R. A. Locke, Warren J. Richard
son, H. e. Boag and A. A. Foxen. The
twelve men belong to Judge Willis
panel.
Another jury viii. it is expected, be
called from Judge Davis regular panel
today to retry the insanity case.
Markham's trial on a charge of mis-
treating little. Ethel Wolfe was inter-
rupted Tuesday when DR.. George w
Campbell testified he had examined
the man a few days before and be-
lieved him to be insane. The trial on
this charge was postponed until Fri
day and sthe trial on the insanity
charge was begun Wednesday.