Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-04-30
MATT M|ER JURY
DID NOT AGREE
AFTER OELIBERATiNG NEARLY
THREE DAYS, JURORS RE-
PORT DISAGREEMENT. e.
MEANS NEW TRIAL

MEANS NEW TRIAL
Rehearins VIII Follow Failure 20
Reach Verdict in Order TO E.
tabIish Guilt or lnnocence
Of Defendant. .~s
The jury in the Matt Mier nuisance
case disagreed and was dismissed by
Judge F. NJ. Hunter at 9:15 this morn
ing, after being out for practically
three full days.
Thus ended a trying period for the
twelve men who worked hard and
faithfully to reach a verdict, and thus
the suspense In which the defendant
and many Of the public was held for
the past three days was broken. The
case will have to be retired at an
other time and the question of the
innocence or guilt of the defendant
established by another hearing.
Out Nearly Three Days.
Tie case has been one OF unusual
length for that type Of case, and the
duration OF the deliberations Of the
Jury set a record in the county. TAX
ing the case at 1886 a. M. Wednes-
day, for two whole days and three
nights did the twelve men seek to
agree on a verdict Only 1907 minutes
less than - hours was the jury out,
and then only did it show any signs
of giving UP the struggle. The jury
was generally in fair humor, and the
grouchfness, that might be expected in
the men after such long session was
not apparent to any marked degree.
The jurymen were tired and when
they filed into court this morning at
9:15 all were glad the matter was
over.
Seven to Five for Conviction.
One Of the jurors when seen shortly
after returning the report this morn
ing, said that about forty ballots, were
taken and that the vote stood seven
to five for conviction. His words were
1--WE worked as hard as any bunch OF
men could work, and did not lose our
tempers and become grouchy, but
sought hard to reach an agreement.
We took about forty ballots and the
vote stood seven to five for convic.
ton. Only once did It change and
then for a purpose, and stood six to
six. 1t rets med on the next ballot to
the first figure. seven to five, and re-
manned there until the last without
further change.
eve did not 60 to bed last might,
and are tired, but we worked hard to
do what we felt was our duty to the
state and defendant and If we dis
agreed, 1t is not because we did not
try to reach a verdict The only
change in the ballots was about the
thirtieth, when it stood six to six. We
balloted about every hour until yes
terday noon, when we dropped down
to a ballot about every two or three
hours. When Foreman Frank Hill re-
ported to the court this morning, we
were DONE
Hill Said Vote Changed.
There was but one vote different
in the first and last ballots" said
Frank Hill, foreman of the jury, 'sal-
though between the first and last bal
lots there were fluctuating votes to
try and bring about an agreement and
win over those who stood for acquittal.
The first ballot was eight to four and
the last was seven to five for convic-
ton, and was at one time ten to two
for acquittal, and also at nine to three
for conviction. The only time that the
sentiment was for acquittal was that
one ballot Of ten to two, but 1t revert:
ed back to conviction and closed at
seven to five"
No Sleep Last Night.
The failure to get a nights sleep
last night may have precipitated the
action of the jury, for although the
court granted the jurors sleep in the
Frazier hotel for two nights, the last
night this was denied and the men
presented tired appearance this
morning.
Courts Instructions.
The instructions Of Judge Hunter to
the jury in the Matt Mier case were
lengthy and very comprehensive, tax
ing every phase of the law and the
various angles of the case from which
a fury should view the matter. Elk
cerpts from the instructions are shown
in the following as given the jury be
fore it filed out of the court room Wed
nesday morning to begin it's delibera
ton.
State of Iowa, plaintiff,
VS.. Instructions
Matt Mier, defendant.
Gentlemen of the jury:
On the thirtieth day Of March, 1912
the grand jury of this court and OF thi:
county, returned into court an indict
meflt which has been since amended
charging the defendant. Matt Mter
with the crime of nuisance. alleged Il
have been committed as follows:
That said Matt Mier on the tentf
day of February. 1912, in Wapello
county, did wilfully and unlawfully OF
said day and on divers other days
maintain and use a certain building
known as s14 East Main street, ant
being the second house of place ives
of the Rock Island watering tank, IL
the city Of Ottumwa. for the purpose
and with the unlawful intent to keel
for sale. use and deposit certain in
toxicating LIQUORS to the grand jur!
unknown, and said defendant did sci
said intoxicating liquors in violation
~