The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-05-17
If Today Twelve Are Dis
charged Because Agreement
Cannot Be Reached Trial
Will Start Again
THRILLING SPEECH
MADE BY JOSEPH c.
WYSOR IN CLOSING
Leaving Out Recess for Din-I
ner Case Was in Hands Of
Outlaws Peers From |
O'clock Until 9
O'clock at Night
tBY W. McD. WILLIAMS,


WYTHEXILLE, VA. May I6,--Ths
Jury in whose hands lies the fate Of
Floyd Alien, charged with being the
chief actor and -canspiratar. the
tragedy that resulted in the death OF
Judge T. t., Massie and two of this
officers of the Carroll County Circuit
court; one member OF the Jury: one
OF the witnesses for the State. and ths
serious wounding OF the clerk Of the
court and other members of the jury
that tried him, is apparently hopeless
~ divided.
After having had the case under
consideration practically since
o'clock this afternoon. at which time
Mr.. Wysor concluded the argument
for the State and court took n recess
for dinner. the jury is now locked In
their room in the Fourth avenue
hotel and will be brought back into
court tomorrow morning to be again
sent to the jury room to make an
other effort TO raaen an agreement.
; General disgust describes the feelings
Of the attorneys for the State. while
those who have made the fight for ths
| prisoner display more spirits and
better feeling than at any time dur
ing the progress OF the trail
Judge staples Disappointed.
That Judge Staples is disappointed
! " evident. although of course. he has
made no expression whatever Of his
feelings other than in mis- remarks
to the jury just before Diminishing
them for the night at Q o'clock to-
night
A few minutes before that hour
the jury knocked and were brought
into the courtroom.
Cannot ..grce.
Gentlemen, have you agreed upon
a verdict" asked Judge Staples.
! our honor. sir, We have not" res
piled Foreman Frank helms.
lis there any question of law which
the court may further instruct YOU"
4uerfed the judge.
1t doesn't Seem tftat there iiE.
came the reply.
After a moments pause Judg9
Staples said:
Decline 10 Discharge Jury.
We have taken something like two
weeks for a trial pf this Important
ease, and the court fully appreciates
the patience and endurance Of the
jury, You nave heard the evidence
. and you have received the instruc..
tions of the courr and the law upon
the case. ls there is any further point
of law which has already been the #
subject of instruction To you. gentie-s
upon ii. but ] do not feel justified tn
discharging You from the eonsidera-
ton Of this case merely because Won
have not, agreed SO far. u is Your
tllitN, KEN en1ers. IL. ssga,. the. eyidsnfsNs
In this case careful and patient COM
sideration. In the discussion among
yourselves Of this case. II Is your duty.
/ without surrendering your conscfenti-
Gus convictions. TO give due weight
and consideration to the views which
your fellow j1rors may take of the
! evidence and law as laid down by ths
law. l think Il is encumbent upon
me to keep you together. II you think
any further discussion this evening"
viii net avail xaii " II AZ 4a';ra eF*a+s
until tomorrow. / cannot at this
stage discharge the jury from cons
sideration of this ease
The jury were of the opinion that
they could not agree tonight and court <
was adjourned over until o'clock
tomorrow morning. Judge staples
will give the jury eysry opportunity
to reach an agreement and II necee-
sary will keep them together until
/ Saturday night.
Re-triai May Result.
In case this jury should he dis
charged without reaching agreemcnt u
the Commonwealth will start in on en-
Monday 10 retry Floyd Allen IeM&
had been intention of the Commons
wealth TO try Claude Allen next ANA
an agreement To combine the -aaseeN@4
of Claude and Victor Allen had beNmAz
reached just after this case was afT&N
the Jury, but In case OF disagreeSM
ment or verdict for anything I&3
man first degree. Floyd will again h1
placed on trial sSS
One Juror Responsible.
That one juror IL responsible 4G1E
the disagreement Is the firm opin30
OF all. of the attorneys for the C01
rnonwealth.
pected Is also true. Ever since
day that rlie jury was completed IN
sworn In the Commonwealth
known tina. there was one man Inn
box. whom they had reason n
lieve was there purposely to h&n9
jury or at least secure verM1of
second degree.
virainiar's predjetien.s
An was stated exclusively IN Tk9y
ginian. after the jury; wAa c6Tny
il was discovered that one us<FH
made .sge III the expresaiDn. %X01&
always Set JUSTICE. and H.Ayh&
nurht III haye shot IN the cnpx4
THIS MAS sHid ttsst few 6aX05
| thS ur.pent trial cosnrnencA1 s
Whcn 4 49, isarn&A hx
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