The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-17
JURY IS UNABLE
TO FIND VERDICT
IN ALLEN CASE
Opinion Prevails That
Disagreement Is
Hopeless.
RUMORED II TOT
FOR CONVICTION
After Celebrating for Nearly
Seven Hours Without Result.
Jurors Are Locked Up for
night and Court Ad.
journs Until This
Morning.
nr ALExANpEn roEM,nn


W!thevilIe. Va. May 1s.-Unable as
yet to agree upon verdict, the jury
which holds in its hands the life of
Floyd Allen was adjourned at Q o'clock
Tonight 10 $40 o'clock Tomorrow
morning. For four and one-halr hours
the Jurors deliberated IN their room
consuming the entire afternoon ses-
sion OF the court, without result After
spending one hour in vain attempt to
reach conclusion tonight, they re-
ported to that effect.
Judge Staples refused to discharge
the jury from further cSnsdera ton OF
the case. and admonishcd it that 1t
was the duty of the Individual juror
to give due weight to the views of
his fellows, without surrendering his
individual convictions.
But the opinion prevails tonight
that the jury is hopelrssly disagreed.
although a verdict is. of course, pos
siole tomorrow. From circumstances,
the supposition is that the body stands
eleven to one for conviction Juror
w. II. Williams is the only member
who has asked for an explanation at
thc hands of the court of any in
struction. One Juror has been charged
by common rumor with having uttered
Il sentiment to the effect that some
times courts ought to be shot up,
since they do not always give jus
tice.'
Sentiment for Conviction
Could the condition OF public senti-
ment in Wytheville Tonight filter
| through the doors of the room vhopo
the jury sleeps. a vecdict might he
| the more easily secured Practically
every one Is surprised that n judgment
| of murder in the first degree has not
been rendered
Citlzens fear that Wythc county will
be injured in reputation in case of n
lot
Draper said tonight that In his twelve
years of official experience as a prose-
c"tinE oHlcer he has never seen such
an array of accusatory facts nor
palmer case for the Commonwealth.
attorney Joseph c. Wysor conclud-
ed his remarks for the State at tn, e,d
OF the morning session and court was
ADJOURNED until $3.50 o'clock Then tho
case went to the jury and stayed there
| until o'clock. Court was adjourned
until o'clock. and Mt 0 a knock was
heard upon the door of the rooms
where the jurors We're assembled
They filed in. In response to n oues-
non py Judge Staples. Juror Frank F.
Neims announced that no verdict had
n"en reached and in reply to fur
thcr query. he said it seemed there
were no additional matters upon which
instructions were required.
we nave commented Judge StapIes,
taken something like two weeks for
n trial of this important case. and
the court fully appreciates the natl
cnce and endurance of the jury You
nave heard the evidence and YOU have
received the instructions of the court
and the law upon the case. If there
is any further point OF law which has
not already been the subject OF in
struction to You. ! shall be eInd 10
instruct you upon II. but do not fee,
consideration of this case merely bc-
justified in discharging YOU from tho
cause YOU have not agreed so far IL
is your duty gentlemen, TO give the
eFloehce In this case careful and patti
ent consideration and In discussion
among yourselves without surrender
Ing your conscientious convictions. 10
give due weight and consideration 10
the views which your fellow Jurors
may take of the evidence and law as
laid down by the court. 1 think IL Ia
incumbent upon me to keep YOU tn
Sethcr II you think any further dis
cusslon this evening Will not avail You
l VIII adjourn over until Tomorrow
cannot at this stage discharge the
jury from consideration OF this case"
Adjournment was then taken until
to- morrow.
Jury Takes Case
rs soon as court convened at $50
o'clock for the afternoon session the
case was given into the hands of the
jury. and it retired TO us room in the
rear or north side of the courthous.
When the jury had gone, Judge
STABLES at once took up the question
of the next trial He said it would ba
called for next Monday, and after ex-
animation of the statute he announced
re would draw venire OF 100 men
For the defense. r. II. Willis asked
that the election made By the defend
ants at llilsville to be tried separate
~. DE changed so as to permit Victor
NJ Allen and Claude Swanson Allen,
the sons of Floyd Allen. To be tried
together, To this the prosecution as
scented But when Judge Staples in
CURED to which indictment will be
used next week, tho attorneys for the
Commonwealth said they preferred TO
defer choice until after a verdict hao
been secured in the pending case.
1t was suggested that the witness
es be summoned for Wednesday. as IL
was supposed at least two days would
be required 10 inlpanel a Jury.
Through the long hours OF the at
ternoon the big crowd in the court
room occupied itself In various ways.
Smoking was permitted in the court
room.
Floyd Allen sat with troubled brow.
speaking only when addressed by HIS
counsel or by his wife. Miss MariE -
Woods OF Wytheville, sat by the side
OF Mrs. Allen. the first woman 10 min-
lister in pubic to the stricken wife of
| (Continueu on Third Papel