Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-09-29
No VERDICT N
sweeney TRIAL
Al II O'CLOCK LAST NIGHT THE
JURY HAD NOT AGREED
ON VERDICT.
LOOKS like A MiSTRIAL
III Jury Agrees On Verdict Today
They Make u Sealed Return
OF IL.

At IL O'clock last night the jury
was still out in the case of Frank
Sweeney, charged with the murder Of
Clyde Goebel. 1t was apparent at
midnight that there is a strong chance
for mistrial. Judge Breckenridge
instructed the jury, when 1t retired
early in the evening, that II they did
not arrive at a verdict by ii o'clock
last night he would not hear their
decision until Monday. II the jury
reaches an agreement during the
night the verdict will be sealed and
read in open court Monday morning.
As Judge Breckenridge began read
Ing his instructions to the jury at 3
o'clock yesterday afternoon a cur
ious incident occurred. The windows
Of the court room on the east side
were open. Just across an alleyway
stood the tent in witch revival SER
vices were being conducted. At the
moment when the judge began read
ing his charge to the twelve men
and true" the choir in the tent start
ed singing, with tones that carried
strong into. the court room, that ia
nous old religious hymn, Just as l
am. without One plea"
AS the arguments In the case con-
tlnued the shades Of night fell and
the lights were finally lit. The argu-
ments were concluded long after dark
and as the jury filed out Of Its box
there was waited on the breeze that
came through the open windows the
sound Of singing from the night
meeting at the tent church, The
tune was Throw Out the life Line"
The closing speeches to the jury
by the attorneys in the case were
among the most eloquent ever heard
in criminal trial here The testi-
mony in the case was concluded
early in the afternoon. At o'clock
adjournment was taken for one hour
to allow judge Breckenridge time In
which to prepare instructions. At
o'clock he read these to the jury. The
instructions were plain and brief.
simply quoting the law in what phas-
es It might apply to the Sweeney
case.
The state, in its argument stated
that it was their purpose to convict
Sweeney of either murder or man
slaughter. Nat Ligon, assistant
county attorney. opened for the
prosecution. 1t was the first address
he ever made before a jury. He re-
hearsed the evidence. in the case and
acquitted himself credi2bly Judge
r. p. Elliott, for the defense, then
talked for thirty minutes.
Ed Grassland, deputy county attor-
ney. spoke next. He censored Sween-
ey and the people of the underworld,
who had testified In the case, In un-
mincing terms and during his talk he
discarded his coat and collar. He
concluded with the words:
TITS high time we were having
hanging in this community"
Judge ID. NJ. Martindale followed,
on behalf of the defense. He talked
for As minutes In an impressive man.
ner, using most Of the time a dia-
gram showing the plan of the Peer
less drug store on the night OF the
killing.
County Attorney Pat Malloy. in his
usual eloquent and able manner. clos
ed for the state. As was the case in
the famous Reuter- preliminary the
county attorney was pitted against
Attorney ]. B. Charlton. who made
the closing plea for the defense. The
oratons OF both men held the Jurors
and spectators In rapt attention.
The jury retired for its final deiib-
aration at a.aO oscIoct