Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-05-16
MITCHELL JURY
DISAGREES; NEW
TRIAL NOT SURE
JUROR STONE BELIEVED TO BE
PREJUDICED
SIMILAR CIRCUMSTANCE MAY
HAVE sWAYED VERDICT
Court Room Empty of Spectators
When Report Is Made-Prisoner'
Face Lightens When He
Hears TleWs

4 FTER twenty-five hours of delib-
II GRAFTON, the jury in the case Of
William G. Mitchell, charged with
the killing of Cecil C. Thayer, January
1. reported a disagreement at 10 o'clock
last night.
The report of the jury, it is believed,
practically assures the dismissal of the
charge against the young man who in
defense of his sisters honor took the
liz of a fellow mortal.
The Mitchell jury retired at o'clock
Friday night. At 2:30 o'clock yesterday
afternoon the twelve men were called
into Judge Willis court room and re-
ported that no verdict had been
reached. The jury then stood eight to
four in favor of acquittal. Three hours
later the jury again reported. c. o.
Houser, the foreman, reported that a
change had taken place. and the jury
was sent back to deliberate further.
For the last time the jurymen were
called in at 10 o'clock. I'VE are unable
to agree Upon verdict" said the fore
man, land there is no prospect that
one can be reached"
Trial Dramatic
The trial of young Mitchell for the
murder of Thayer has been one of the
most dramatic of it's kind in the recent
history of the criminal courts. The
unusual features of the case, involving
the public confession by the defend
ants sister of her relations with Thay-
er for months prior to his death, in
which her honor was offered up on
the altar for her brothers life have
kept the court room crowded since the
case was first called, and all through
the weary length of testimony, carry
ing it's tale of ruined lives not vacant
seat has been left in Judge Willis
court room.
Mitchell. it is believed, owes the YER
dict of disagreement to the persistent
stand of one juror for acquittal. This
juryman, C. o. Stone of Artesia, it is
believed, is the man who practically Sc
cured the prisoners re-trial. Some
years ago, it was learned, one of the
relatives of this juror was mistreated
by a man and was forced practically
at the point of a weapon to enter into
q marriage ceremony.
Shadow Is Pivotal
This shadow on his life, it is believed,
constitutes the pivotal point of the
Mitchell case. For, according to the be-
lief of those who have followed the
case closely, 1t was this constant de-
mand for acquittal of the defendant
that weighed in the final result. He is
believed to have stood out for freeing
Mitchell from the very first, and his
influence it is thought carried consider
able weight with the other members Of
the jury.
During the hours in which the case
was in the hands of the jury, the vote
fuctuated from to 4 to 10 to 2, but
always for acquittal.
When the jury filed in the last time
the once crowded little courtroom was
almost deserted.
The curious and morbid who have
thronged the corridors and court room
had melted away.
Only the attorneys for the defendant,
Frank f. Pratt, Grove Walter and w.
H. Dehm the court, and it's officers.
the prisoner himself and the members
of the jury were present.
Seen in the gloomy half light, await
ing with tense interest the announce
ment of the twelve men who were TO
decide his fate, Mitchell showed evil
dences of the long and terrible strain
to which he has been subjected in con-
finement awaiting trial, and in the
court room listening to the rehearsal
of the dread details of his deed.
Prisoner Is Nervous
In the shadowy seat in which he sat
hunched up, Mitchell's face was drawn
and thin. He was plainly worried, and
as the jurymen filed in and took their
seats he searched their faces for some
inkling of the verdict.
Three times had he crossed the bridge
of sighs that day, and this his last
trip was fraught with the dread terror
of an adverse verdict. He smoked a
cigar given him by attorneys and sat
nervously twisting his fingers as the
Judge asked for the finding of the jury.
When the foreman read the report
that meant a respite at least Mitchell's
face lit up with a CLEAN of joy, his
form Strengthened and he appeared to
grow younger as the minutes rolled by.
In the quiet of the almost deserted
court room the jury was dismissed by
Judge Willis, and Mitchell was then
conveyed back to jail there to await
the outcome of the action for the re-
trial
1t is generally believed Mitchell viii
never face trial on the charge again.