Omaha daily bee., 1911-11-24
EXHIBITS AGAIN EXAMINED
Believed to Doubt if Tar Mixture
Was Used on Girl.
SOURCE OF PAINT NOT PROVEN
Judge Announces Delay of Day in
Passing Sentence,
FOREMAN WELL EDUCATED MAN
wealthy Farmer Speaks Three
Languages and Has Printed book
I'm GacIic-Jury Delib-
crates Quietly.

LINCOLN CENTER, kan, Nov. a.
For more than SIX hours today the jury
in the tar party case considered the
testimony. but when the regular ad-
journment Of the day session was taken
at O'Clock no verdict had been reached.
recess Of an hour and a half was or
dered and at 7:3O o'clock a night session
was begun. AT no time during the de-
liberations of the jury viii the men he
kept later than midnight. unless they
wish to stay, said Judge Grover today.
As the hours rolled by this afternoon
and no verdict was reached, the opinion
that hung jury would result which
has been freely ventured, ever since the
trial began. grew stronger. The defense
and the stat admit that the cases against
the three men are not equally strong and
that conditions for long discussion are
favorable
Once during the afternoon ,the jury
asked to be permitted to examine the
exhibits In the case, handkerchief with
which Mary Chamberlain rubbed some of
the tar from her body and later dropped
In the road where she was attacked: a
mans handkerchief also daubed with the
mixture found at the scene of the crime
and can OF paint itself. The handker-
chiefs we're passed among the Jurors
and each scrutinized the articles care
fully. They also inspected the paint can.
which stood on table in front of the
jury box.
Roof Paint Used.
None of the court attaches or attor-
neys have been able to determine upon
Just what point the jury has under dis
cussion, but IT was generally believed
that there existed possibility that the
twelve men doubted II the tar mixture
was really used on the young school
teacher. The mixture was not pure tar.
1t was a roof paint, but very thick and
containing large amount OF tar.
The state failed to prove by dh ect tes-
timony thatt he tar came from, Clark
null The can was found in buggy in
which the men rode from the scene Of the
tarifHg' It is said, and Everett Clark ad.
mitted ON the stand that he had similar
paint in his mill. The suggestion also
was made today that the jury might have
doubted that the stain on the handker-
chiefs was made by the same kind OF
paint that the can contains, In which case
the link between the paint can and the
tarring episode would be severed
The jury deliberated quietly and ap-
peared to bo giving the case close study.
At no time did any member OF the body
raise his voice above normal tone.
E. B. Dillon was chosen foreman of the
jury. He Is a welathy farmer with a
broad education, Besides speaking three
languages he has printed a book in
Gaelic, making eevry character himself
No Sentence TIL Today.
Just before court adjourned tonight
Judge Grover announced that no sentence
would be passed until some time tomor.
row on any defendant in the tarring
cases. An effort is being made by the
attorneys for the confessed men to have
sentence deferred until the next tern
Of court. The court has not promised tc
, do this, but will hear arguments on the
matter after the present case is settled.
The penalty for assault and battery
which every defendant I'm the tar cases 1,
charged with, is a fine OF from 81 to $50
or q sentence OF from one day to one
year In the county Jail. Both pcnaltie,
cannot ,be inflicted in a single case
Under conditions here, the Jail beinI
small it would he practically impossibl,
to accommodate all the tar party prls
oners should they be sentenced to i'm
prisonmont.