The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-12-12
After Full Day and Night
OF Consideration Agree on
Five Years
NINE IN FAVOR OF
GIVING ACQUITTAL
Three Were for Murder in
the Second Degree and
Vel dict Arrived at
Is a Compromise

Especial to The Richmond yirginian.)
WYTHEvILLE, VA, Dec. II.
We, the jury, find the prisoner,
Sidna Allen, guilty of Involuntary
manslaughter and fix his term Of
confinement in the pcnitentiary
Mt five years.
On the first ballot, the jury as
poiled were nine for acquittal and
three for murder In the second
deAere.
AT o'clock this morning the jury
in case of the Commonwealth vs..
Sidna Allen for murder OF w. NJ.
Foster were sent to their room to
further consider their verdict. Before
retiring to their room the judge -Eead
the same charge which he gave to
Juries in former trials on their dis
agreement. and which in each case
resulted in bringing the jury to an
agreement.
Explain Instructions
On last evening one of the jury asked
an explanation of instruction number
nine for the Commonwealth, which
bears entirely on the question of in
tentionally aiding and abetting the
party or parties who killed w. NJ.
Foster
As there is no evidence showing
that the accused himself fred the ia
tai shot or shots, this branch is elm
mated and from the explanation ask
ed for Of the instructions as to prin-
cipals In the drst and second degree.
II was assumed that the evidence has
| failed to convince the jury of con-
spiracy. leaving only the theory that
the accused may have Intentionally
aided and abetted the person or per-
rxsf =
Ask for More Light.
At 1:15 the jury were brought into
court by direction of the judge and
being asked If they had agreed or
were likely to agree. through their
foreman announced that they had not.
and II was not likely they would. The
judge then ordered the jury pelled
that each might separately answer
the questions.
When Mr.. r. p. Buckley. of Fairfax.
asked that the clerks charge to the
jury naming the several degrees of
murder or other killing and punish
ment for each be read to the jury and
that they then be allowed to retire TO
their room for further consideration.
This was done. and in about twenty
minutes the Jury announced 1t was
ready to report. and came into court
and handed In their verdict of volun-
tary manslaughter. with five years La
the penitentiary.
Nine For Aeauittai.
Nine Of the Jurors on the first bal
lot were for acquittal and three for
murder in the second degree The 1u-
rors for acquittal We're: Thomas A.
Williams, C. II. Ford. James Madison.
r. p. gill. z. B. Hopkins, s. Brock
Pierce, G. F. Long, C. c. Greever and
fpx- la r
In the second degree: r. r. Buckley.
]. c. Hunter and c. c. Graves.
In an interview with some OF the
Jurors after their discharge they were
emphatic In their statement that there
was no evidence on the part OF The
Commonwealth to prove conspiracy or
Intentionally aiding and abetting the
person or persons who actually killed
Foster, and no evidence to show that
IL was done by the prisoner. and that
thew would not have agreed to a YER
dict Of murder in any degree; that
their verdict was compromise one,
consented to both for the benefit OF the
prisoner and the Commonwealth
Forced to Change Minds.
Mr.. Thomas A, Williams. of Fair
fax. said they had all gone into the jury
box as stated on examination before
being sworn with opinions formed I'M
favorable to the prisoner. but that az
ter hearing the evidence they were for
acauittal. but had agreed to the COM
promise verdict as the best thing to
be done both for tina Commonwealth
and accused. and that eight OF them
would sign q petition that he be re-
lieved OF the penalty inflicted. He In
sisted that the evidence for the Com
| mcnwealth was insufficient to fix the
crime on the accused
Sentiment Is divided here as to the
right Of the verdict. some criticising
and some approving.