The Sentinel=record., 1909-10-17
LITTLE HOPE THAT A VERDICT WILL EVER BE REACHED IN
 FIRST TRIAL OF CASE.
Judge Evans Will Hold Jury Until Monday in Hope of Verdict, But None is Likely After First
 Two Hours.

That a mistrial will result in the first case against Rufus Wheatley, charged with first degree murder for the killing of Bud Robbins last Janu. uary, is the general impression after the jury had been out two hours last night failed to reach an agreement, and was again locked up for the night.
 After having heard the testimony. the arguments, receiving the instruc- eions, and the charge from the court, the jury filed slowly out of the room at 9;15 o'clock.
 Predictions on the result of the trial were freely exchanged about the crowded court room but when an hour had passed and there was no re. port the enthusiasm of the audience began to wane and soon the crowd was reduced to handful Of persons composed of especial friends or rela tives of the interested parties
 The jury Is composed of Joe Jami. son, Walter Craig. Sam w Gentry. John A. Baldwin. Garland vanSickle. Mike Ridgeway, C. O. vanCamp. Jonh Eskew, Ed Armstrong, James Greece. R E. Young and C. A. Perryman.
 Although no reports were given out from the jury room it was believed the jury was about half and half divided on the main point of the innocence or guilt of the defendant.
 The closing hours of the first trial resulting from this double ltragedy of last January brought an interested crowd to the court house which re. mained through the proceedings until the jury had retired, and even then many fingered in hope of being pres ent when the jury brought in the verdict.
 The morning was spent wholly in spirited discussions of the courts in. structions to the jury, and the re- suits were about even for state and defense after the wrangle. There were some conflicting instructions, but it was explained to the jury that the evidence and the law applied would close this scope in their ap. plication of it.
 Prosecuting Attorney Means made the opening argument for the state, and as usual made a vigorous plea to the jury to carry out it's part of the process of justice. He explained duty, and that the jury must do it's that the prosecutor had done his duty, and that hte jury must do it's plain duty as an accessory to the ends of justice He reviewed the killing of Robbins by Wheatley, and went over the evidence carefully in explaining how the state had offered sufficient proof of the crime to de mand verdict of guilty.
 Judge Thurston Farmer opened for the defense and he was given elose attention by number of frienos who had gathered to hear his first eff fort in an important criminal case. He discussed the evidence in the case, at tackled that given by Ed Waycases because of it's variance in the several times he had been on the stand in preliminary hearings, and outlined the course of the Wheatley's the night of the tragedy with care to prove they were only acting as pru. uen6 careful men would who had a personal matter to investigate and adjust He declared that no trouble would nave resulted that night from the visit of the Wheatley's to the billiard room but for the fnterfer. ence of Robbins. who Rufus Wheatley called damned liar, and stated that it was but natural that such a thins should be said to a man who inter. fered when two others were discuss. ing a personal matter. Farmer des, cribed the wound on Wheatley's head and emphasized that a heavy derby