The Sentinel=record., 1911-05-31
RUTHERFORD
 JURY HUNG
FIRST POLL OF JURY AFTER EIE- ING OUT 3s MINUTES lNDl.
 GATES MlsTRIAL.
Sister Of Oscar Chltwood Paints tn Court Room as Climax of Scene When the Jury Leaves
 Court Room.


 That there will be mistrial in tho case of John Rutherford, charged with the murder of Oscar ChItwood, was indicated last night when after the jury had discussed a verdict for 3S minutes it reported to the court that it was hopelessly divided at least for the present. and was excused to fur ther deliberate or sleep until this morning at s o'clock.
 The climax of most interesting day of developments came late last evening when after Prosecutor Wood had pictured in vivid words the death struggles of Oscar Chitwood as he was being murdered at the Jail ooor a helpless manacled prisoner in the custody of a deputy sheriff, Mrs. Dan arose, screamed, "Oh, my God" and became so hysterical she had to be removed by her husband and brother, Andy Chitwood from the room. Tn an ante room where she was directed by Sheriff Webb she tainted mo- ment later. The application of cold water SCOT restored her. however, and she was back in the court room by the time the jury reported that 1t had not agreed.
 Never was there such intense in. terest taken in a criminal trial in the present court house, nor never such a picture made up in that temple of justice, as that of last night, when with the principal characters in this legal struggle surrounded by their friends and relatives the last words for the state were being said by Prosecutor Wood.
 The courts instructions give the jury the latitude of first degree yer dict, which carries with it the death penalty; a second degree murder yer dict. which carries with it q peniten- tiary sentence of from five to twenty one years at hard labor. or an ac- quittal of the defendant.
 The indications are that the jury is divided on the question of guilt or acqulttal for if 1t had reached the stage where merely the punishment was in controversy, the verdict would irave Deen written and the case concluded last night. The jury has been together for eight days. None have ever been privileged a change of clothes, or bath, or the things pre- cluded by such jury service where they are kept all together, and some of the members of the jury are aware of sickness at home in their immed- fate families. Two members of the jury themselves are in need of medi- cal attention, and if they could have reached a conclusion last night would have been anxious to do so.
 w. W. MN1uiiouSH la lpitlidu VI the jury. When they first filed out or the box. w. P, Wood. who was fore man of the Denton jury, happened to be first to pass in front of the judge and was given the papers in the case, as is the custom. but the jury select ed Mccullough foreman in the jury room. and it was he who made the re- port.
 The whole of yesterday was devot- cd to arguments in the case. The presence in the city of some of the most prominent lawyers of the state, attending the meeting of the Arkan- sas Bar Association. and the trial of this already famous case, caused many of the legal lights to be present in the court room during the day.
 Attorney James L. Graham opened in the morning for the state. and talk ed for almost three hours. He was followed by Colonel E. w. Rector for the defense. who talked part of the morning session, and then finished In the afternoon session Colonel George w. Murphy finished for the defense just before the afternoon adjournment and Prosecutor ]. B. Wood concluded he whole of the arguments at the ev- ening session
 All were masterly efforts. To par ticularize between them would be merely matter of individual opinion for 1t was the general verdict that each had acquitted himself with dis tinction. The day session was ex tremely warm, but the crowd kept very quiet under the circumstances,