New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-10-26
Continued from page !

courtroom. She was pale and great
dark lines stood out under her eyes
DR.. Carman was sitting in the seat be
had occupied all through the trial.
Near him sat Mrs. Ida b. Powell. Mrs
Carman's sister, and Mrs. Helen Corby
daughter of Mrs. Powell The woman's
attorneys were at their table. John j,
Graham and George NJ. Levy were bad
ly worn by the long vigil. Henry A.
Uterhart, third of the defendants law
yers. had stood the strain better than
his colleagues.
Mrs. Carman looked up quickly and
then dropped her gaze when District
Attorney Smith and his assistant,
Charles Weeks, stepped through and
sat down at their table ahead of that
occupied by the Carman counsel. Mr.:
Smith was weak from his exertion OF
the trying day before and the night
watch.
Scattered about the room were thir-
ty-fve or forty spectators. In the
groups were eight or ten girls, who had
come in motor cars TO the courthouse
early in the morning. The lack OF har-
mony between their gay attire and
their drawn, tired faces gave gro
tesque touch TO the courtroom picture.
Samuel Ransom, the court clerk,
stepped in the left side door behind the
bench and asked Mr. Smith the reason
for bringing Mrs. Carman into court
at that time.
1--WE were told the jury had agreed,
said the District Attorney.
81 haven't heard about ii" said Ran
som. an find out"
He stepped back into Justice Kelby's
chambers and soon returned TO an
nounce that the report was incorrect.
Smith told this to Graham. Mrs. Car
man and her husband heard him, and
the accused woman sighed disgustedly.
isn't that cruel joke!" she ex-
claimed.
Mrs. Carman and Graham then whis-
pered together for ten minutes, and
she was rising TO start back for the
SheriF's room when Ransom hurried
into the room and said the jury was
coming in. Robert +. Ludlam,. the
foreman, entered the room at the head
of the jury. Mrs. Carman Strengthened
up and moved her hands nervously in
her lap. Her face Redeemed.
Justice Kelby, WEAKNESS plain in his
eyes. reached the bench as the last of
the Jurors sat down. It was very no
ticeable that the men were not only
worn out. but were In q very unpleas-
ant mood. No man looked at his
neighbor.
- Jurors in Angry Mood.
Mr.. Hovey, juror No. 4, looked at
Mrs. Carman and then turned toward
the court.
Ransom, the clerk, was given no OPP
portunity TO ask the usual formal ques-
tons, for Ludlam, without rising. said
to the court: eve have been unable to
come to an agreement. We talked 1t
over and we can't agree
The justices eyes expressed great
surprise.
your agreeing, gentlemen ?" he asked.
"No, sir" said Ludlam decisively.
ave talked steady for eight or nine
hours. After that we talked occasion
ally, but we couldn't agree, and we
haven't had a wink of sleep" This was
said very sharply and in tone of COM
plant. Quite as sharply the court re-
sponded:
"I'm in the same boat with you there,
gentlemen"
"Rut we have been arguing" Ludlam
retorted. and his cheeks became flushed.
The court was framing a reply when
Mr.. Graham arose and suggested:
81 respectfully request that your
honor ask the jury II it is matter OF
evidence on which they can't agree"
ais there anything can do to en-
tighten you, gentlemen, or TO aid you, IN
coming to TN agIcemcpt% Justice kerry
asked.
Before Ludlam could reply John
Molyneaux, juror No. 9, said; Your
honor. 1t decent seem to be a question
Of evidence. We have gone over all the
evidences carefully and we can't reach n
verdict"
az am very sorry, gentlemen, that, you
can't agree the court said. you have
been here for a week and | am not in
clined % hold you any longer. shall
discharge YOU"
In another minute they had their
coat on and were out of the courtroom.
Mrs. Carman, who had listened with
aritated intentness 20 the exchange
hopeful until the order for dismissal
was made, that the jury would be
asked to 90 back TO its room, began
TO cry. Levy had his arm around the
TOP of her chair, and he tapped her
soothingly on the shoulder. Graham