Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-06
Jury IS DISMISSED
Unable to Agree on Verdict in
VondermiIIer Case.
SEVEN FAVOR INSANITY
Four for Manslaughter, One for Sec
ond Degree Murder.
DEFENDANT REMAINS CALM
Application for Release on Bail to
Be Opposed-Retrial Not Pos
sible Before October.


Seven of the jurors insisted on a YER
lict of insanity. four held out for Yer
lict of voluntary manslaughter and one
stood for a verdict of second degree muir
Ter.
When the jury reported to Judge
Thornton al l clock this afternoon that
It was impossible to reach an agree
ment each juror was thanked by the
court and dismissed.
Nondermller displayed no emotion
when the foreman OF the jury announced
that no verdict had been reached. His
wife was not in the courtroom at the
time the report was made Before be-
ing taken back to his cell in the county
Jail the prisoner was allowed to talk
Will Oppose Bail.
1t is understood that Vondermiller at
will file application To have him
released on bail The commonwealth at
torney will oppose such a course.
\ retrial is not possible until the Oc-
tober term of court, and 1t is said that
the publicity given the trial just closed
will make 1t difficult to obtain an impair
tial jury 1t is reported that change of
is probable
The jury hled into the courtroom al q
o clock this morning. The names of the
jurymen were read, but the court asked
no questions, as il had already been in
timated to Judge Thornton, presiding
over the court, that no verdict had been
reached. The jury was sent back TO its
room for further elaboration.
Gossip friendly to the defense had it
that the jury at this time. after sixteen
hours together, stood seven for acquittal
and five against. There was no conjecture
naZar ded of the attitude of the five men
against acquittal regarding their views
as to the gravity OF the prisoners crime.
Whether they stood for a verdict of will
full and deliberate murder. entailing the
death penalty in the electric chair, or
murder in a lesser degree. or for man
slaughter; or whether they were divided
on The measure of the guilt of the pris-
oner.
Those who consider the states case
proven limited the jury stood just re-
yersed, seven for murder in the first de-
gree and five opposed. Another version
from similar sources gave the standing
Of the jurymen as only three against and
only nine for conviction.
Penalties Provided.
Second degree murder and manslaughter
are the only verdicts. other than convic
ion Of first degree murder and acquittal.
that the jury could possibly return. Sec
a term OF five to eighteen years in the
One of five years is the
term possible on conviction Of man
slaughter.
The jury not only would determine
the degree Of the crime committed. If
II should convict the prisoner, but would
passing sentence would announce the
degree of the crime and the penalty
dictated by the jury.
Should the jury accept the theory of in.
sanity offered by the defense, the only
verdict 1t could render would be full
acquittal. The prisoner cannot be COM
mitted TO an insane asylum without a
lunacy commission.
At l o'clock the jury was called into
court by Judge Thornton. No verdict
time, and the jury was served at the
jail, as usual. The twelve men went
back to their room afterward and were
locked up for the final attempt at agree
nent.
Spent Restless Night.
The juryroom is furnished with twelve
cots. where the twelve men spent the
night. some trying to catch a few mo-
nents of Sleep while others debated the
,ase presented for their determination.
This morning their appearance was that
Of men who had passed hard and rest
ess night.
Attorneys for the defense We're hope
ful of verdict of acquittal. The state
still expresses confidence Of verdict OF
murder in the first degree.
The prisoner, Louis Vondermiller.
showing in his face the wear and tear
Of half a day and whole night of anx-
ety, was left almost alone in the court
room. At IL O'clock he was permitted TO
Join his wife in one of the witness rooms
Of the courthouse, where deputy 9heriI
stood guard over him.
The greeting of man and wife was sadly
but not demonstratlVe- Ihey
kissed each other on the mouth. and Won
iermiller took a seat beside the couch on
which his invalid wife was reclining
Their twelve-year- son, Eddie Wonder
miller who does not realize the gravity
Of his fathers peril. played about uncon-
cernedly and unrestrained, occasionally
going TO father or mother to make a
display of childish affection
and q childS measure of sympathy Tor
their trouble he does not fully under
stand.
Mrs Vondermiiler was near collapse
under the strain of six days OF trial
and the tense anxiety of waiting for
the pronouncement of her husbands
doom by the jury. She has dark circles
under her eyes, and is assisted when she
walks
Mrs Smith Of Arlington is constant
" beside her. watchful and quick TO
aid with smelling salts or to fan her
when the heat of the courtroom, added
to the strain of emotion, overcomes
the prisoners wife.
Locked Up for the Night.
The case went to the jury at 500 O'Clock
asst night, after the commemorative at
orney had completed his closing argu-
nent for the state. Percy S. Anderson, at
about o'clock. reported the jury far
rom agreement, and announced that
decision could not be reached for some
line. The court. at 7:15 O'Clock. locked
ID the jury for the night, with directions
o report at o o'clock this morning.
w. C. Cloth, in the first argument for
he defense, retorted TO the common
wealth attorneys insinuation that the
lefense's theory of suicide was the last
esort of a cause that had no other de-
ense.
acked what he denominated the UNFAIR
Methods of the commemorative attorney
N conducting the case for the state. He
Mr.. Mackey for trying to
orce his way into the sickroom of Mrs
yondermilier. wife of the prisoner. i'm
nediately after the tragedy OF June 3. in
IN endeavor to wiring from her state
nent of her knowledge of what had hap
,ened to bring about the killing.