Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-10-26

Mineola, n. Y, Oct. os-Counsel for
Mrs Florence 9. Carman appeared in
the supreme court today and asked that
she be released on bail pending her
second trial, on the charge Of murder
ing Mrs Louise D. Bailey or decision
quashed.
The jury which tried Mrs. Carman.
wife Of Dr.. Edwin Carman, q Freeport
physician, In whose Office Mrs. Bailey
was shot and killed. could not agree
yesterday. after celebrating more than
thirteen hours. It was said the jury
stood ten for acqui,tal and two for
conviction.
The district attorney had announced
that he would not seek to have Mrs.
Carman tried again. Her own counsel
on ti1e other hand said he would de-
mand new trial, as he would not per-
nit the indictment to hang over Mrs.
Carman.
Mrs. Carnan was in a state Of coll
lapse today as a result OF the jury's
failure to acquit her.
HetrioI NOT probable.
It is unlikely that Mrs. Carman ever
will be brought to trial again. Before
the jury came in District Attorney
Lewis J. Smith said that if it stood
even to for acquittal it was improb-
able that the defendant would be re-
tried.
Attorneys for Mrs. Carman will
make an application tomorrow morn
ing to have her admitted to bail. Such
q motion will not be opposed by the
district attorney.
The defendant Is on the verge of a
complete physical breakdown. follow
ing a collapse in the court room after
the jury was discharged. 1t was said
at the county Jail here that Mrs. Car
man had been crying constantly ever
since she was returned to her cell.
When the Jury reappeared for the
last time, Mrs. Carman was followed
thru the oaken door at the rear Of the
judges bench by her sister. Mrs. Ida
Powell. and her niece, Mrs. Helen Cor
by.
Husband at Her Side.
DR.. Edwin Carman, the defandant's
husband. who had been sitting in the
court room conversing with friends.
Joined his wife at the counsel table.
Mrs. Carman appeared tired and fear
full Her hair was disheveled and her
formerly immaculate costume wrin-
kled.
Dissatisfaction was plainly written
on the faces Of the jurors when they
filed in from the room where they
had been deliberating and announced
they could not agree.
At the suggestion Of John J. Gra-
ham. Mrs. Carman's chief counsel.
Justice Kelby asked the jury whether
it was the evidence they could not
agree upon.
1T is not question $of evidence, your
honor" replied one juror, 1--WE have
gone over the evidence very carefully
and we cannot reach a verdict"
Discharges Jury.
The justice said he was sorry,
thanked the Jury and then discharged
it,
AS the Jurors returned to the room
where they had been celebrating to
get their hats and coats, Mrs. Carman
burst into tears.
''Oh!" she cried. II am terribly dis
appointed. felt sure the jury would
acquit me-"
AS Mrs. Carman was led from the
court room she tainted. She was quick
ly revived and then continued her
journey to her cell. The Jail physician
was summoned. He said her condition
was worse than at any time since she
had been arrested.
Ludlum. the foreman. in discussing
the deliberations Of the Jury, said five
ballots were taken. On the first bal
lot the jurors stood 9 to for acquittal.
on the other four ballots the vote was
10 to 2.