The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-24

ture- All thought of ever floating tn
to A. l. Sims when he appeared in
court with J. Fitzwater and Watson
Scranton and pleaded guilty. The in
formation concerning the transfer of
the property set the town peoples
tongues wagging as soon as it was
learned.
Clark is to be made the defendant
in a civil suit according to the an
nouncement of Miss Chamberlain.
W. w MeCanless the prosecuting
attorney has been asked to assist. He
has not been retained UP to this time,
but has consented to hold conference
with the interested persons as soon as
the present term of the district court
comes to an end, which will be next
Monday
John Schmidt may also be named in
the suit if he is convicted as he owns
a farm in Lincoln county which has
an assessed valuation of S20,75O.
Judge Grover summoned the jury
for the conference shortly after
O'Clock this morning and was told no
agreement had been made. He gave
them hour and a half for breakfast
with the admonition that they must
return to their deliberations at the
end of that time. The court said he
might keep the jury together until
tomorrow morning.
Hollow-eyed and weary, the jury in
the tar party case was still locked in
its room trying to reach q verdict
long, under the orders of Judge Dali
las Grover, the jurors had struggled in
a futile attempt to reach a verdict.
The testimony of Witnesses Chester
Anderson and e. G. Clark. which the
Jury requested near midnight last
night be read to them again, was
gone over many times. Occasionally |
the voices of the jurors were raised
to high pitch, but this was not fire. |
quent. 1t seemed that the men were
yixrir
keeping their equaninity.
Hung Jury Predicted. /
on every hand today predictions
that the jury would be hung were
heard. 1t was generally understood i
that if verdict We're not reached by
noon the court would discharge them
Two of the defendants spent prac-
tically all of last night in the court /
room, sleeping on benches. They were
Sheriff. Clark and John Schmidt. After
Judge Grover left about O'CLOCK
Schmidt departed to meet Clark, who
had preceded him to their hotel But
the suspense was too great for them
to sleep away from the court room
and a few hours later they returned
to the scene of their trial. No spec
tators remained all night
Shortly before midnight Judge
Grover called the jury to the court
room and asked if any progress was
being made.
is no immediate prospect of a YER
diet" replied Foreman Dillon.
The Judge then reconsidered his de-
termination to send the jury to their
hotel at midnight and ordered the bal
Tiff to give the jury a recess of few
hours and then return them to their
room.
~ intend to keep them out the rest
of The night if necessary said Judge
Grover
Crowd Deserts at Midnight.
In the early part of the evening the
court room was fairly we'll filled and
each time the jury came from their
quarters, dozens surged in from the
streets, but when Judge Grover re
turned the celebrating body at mid
night all of the spectators but three
"regu1ars'' deserted the scene In half
an hour none was left in the room,
even Judge Grover and the attorneys
going to their hotel Some of the de-
PENDANTS and all of their friends left
at midnight, too.
A. N. Simms had his wife and 6-year-
old son with him until midnight. bed
of NEWSPAPERS was made for the boy
on the floor of the court clerks office
about 10 o'clock and he slept unno-
Tested until his father carried him TO
a hotel.
I'd Ricort. in the Jail in the court
yard, was as interested as anyone in
the outcome. When the court room
was entirely deserted. his light IN the
prison was still burning
John Schmidt remained as sentinel
for the defendants long after the others
had left. He promised them that he
would stay up as long as the jury cld,
but when Judge Grover left. Schmidt
followed.
Mary Cham berlain was not in the
court room after the arguments We're
closed. She is stopping at the home
Of the mother of her sweetheart, Ho-
mer Hef1ick.
Doubt That Girl Was Tarred-
None of the court attaches nor at
torneys have been able to determine
upon Just what point the jury had IN
der discussion, but it was generally be
lieved that there existed a possibility
that the II men doubted if the tar mix
ture was really used on the young
school teacher. The mixture was not
pure tar Tt was a roof paint, but
very thick and containing large
amount of tar
The state failed to prove positively
that the tar came from the Clark mill
The can was found in a buggy in which
the men rode from the scene of the
tarring, it is said, and Everett Clark
admitted On the stand that he had sim
liar paint in his mill. The suggestion
also made today that the jury might
have doubted the stain on the handker-
chief was made by the same kind OF
paint that the can contains, in when
case the Ink between the paint can and
the tarring episode would be severed
The state attempted to prove that Sher-
rilI Clark put the paint in the buggv