The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-19
No Verdict Agreed On
After Celebrating for
Three Hours.
ONE JUROR WANTS
EVIDENCE READ
Asked Court if Stenographie
Record Could Be Secured, and
Certain Testimony May Be
Repeated To-Day-More
Time Desired-Mistrial
May Result.

After being out for three hours
rico County Circuit Court jury. which
has been hearing evidence against Leo
kidd for q capital ofYense, was locked
up AT $50 o'clock las, night. court
having adjourned until 10 o'clock this
morning. when further effort viii be
made to agree. Argument in the case
vas closed At , o'clock yesterday
afternoon. but at that time a recess
was ordered tor dinner. The jury went
% it's room at $3.50.
At $50 o'clock last night Judge
Scott sent for the jury. He was In
Formed that no verdict had been agreed
upon-
Wanted TO See Record.
One Juror asked the court II they
could have the stenographtc report Of
The evidence. Judge Scott stated that
the notes had not been transcribed.
but II the tury wanted to hear any
part OF the evidence he could have
John c. Winston. the stenographer.
called and ne could read II In open
coErt in the presence OF counsel II
is probable that this may be done to-
day. In view OF the tury's apparent
destre for further time. court was ad-
bourned. and the jury was locked up
1t the Lexington Hotel overnight
1t was impossible. OF course. to sur
mise the result. although. as in most
Eases where jury had been out for
three hours without formulating a
verdict. the impression got abroad that
the case would result in a mistrtal.
The hours OF suspepce seemed to tell
upon Kidd. who sat In court and who
has been there for three days while
the hearing was under way. He
showed plainly his disappointment
when the hrst two hours passed with
PUT a verdict
Penalty ProvfseA - Law.
II convicted for the crime charged
against him he can be sentenced to
the penitentiary for . term Of from
hve to twenty years. though II the
Jury elects II can sentence him TO
heath.
For four hours earlier. in shs day
The prisoner had been forced TO listen
10 a terrible arraignment by the pros
ecuting attorneys. Frank T. sutton.
r.. and Hsskins Hooson. On top Of
his came Judge Scott's charge to the
ury. in the course OF which the pen
lily as provided by law was made
clear. All day he sat in the dock
between his mother and brother. with
bis counsel. Louis O. Wendenburg. sit
ling Just in front Of him The three
btrove to keep his spirits up. and he
controlled his emotions admirably.
Court convened at 10 o'clock yester-
hay morning. and Judge Scott imme-
biately delivered the charge to the
Jury. Haskins Ho5son. Common
wealth's attorney Of Chesterfield
County. who is associated with the
prosecution. began the opening argu-
nent and was followed by l. O. Wen
henburg. counsel for the defense.
Frank 7. Sutton. Jr., Commonwealth
kttorney Of Henrico. closed the a-gu-
uents. The addresses OF counsel were
triking examples Of appeals to tie
ury and made q deep impression upon
he crowded courtroom
The testimony in the case las been
q an unusually repulsive character. ,
much so that Judge Scott ordered the
courtroom cleared Of all persons not
Immediately connected with It. Many
vitnesses. male and female. called to
ustain or attack the character OF
Ather witnesses, were themselves sub
ected to unmerciful assaults In cross
Examination
Lenora Austin, the girl In the case
kestifled that the alleged crime Wa
eommitted on an automobile ride VILE
KIDD September IL. 1911. Kidd ad-
nitted having taken the ride. but de-
hsed any misconduct At that time the
kustin sirl was thirteen years old. he!
Fourteenth birthday coming In Deem
er 1911