Weekly journal-miner., 1914-09-30

argued the questions involved until
 one o'clock, when, after another
 ballot, deliberations were suspended
 until in the morning
 At 9:3O o'clock in the morning.
 the baliff was notified that the jury
 desired further instructions. After
 brief delay, during which the de
 fendant's presence was finally pro
 cured, Judge Cooper asked the jury
 ii a verdict had been arrived at.
 Foreman Dolly announced that it
 was essential that several points in
 doubt be cleared before a verdict
 could be reached. He asked for an
 interpretation of certain portions of the judges instructions and also
 for several items in the testimony
 relative to dates, etc.
 Judge Cooper instructed the jury
 to remain in its box. and turning
 to the attorneys in the case said
 he wanted to see them in his cham
 bers. What followed in the cham
 bers is not known. Returning to
 the court room. Judge Cooper noti-
 fled the jury that he had prepared
 a copy of his instructions for their pc
 rusal but that there was no way of
 giving them the testimony desired.
 Nearly two hours later word came
 from the jury room that a yer
 dict had been arrived at. The
 news had its usual startling effect.
 Then followed the proceedings al
 ready described.
 Mir. Dolly, in explaining the action of the jury, pointed out that the , members arrived at place where : they could not make any progress whatever toward a unanimous vote, owing mostly to the fact that sev- , eral points were not clear in their minds, and because the help to clear these points could not be secured. After calling the attorneys a sec
 ond time into his chambers. where
 five minutes session was held.
 Judge Cooper dismissed the jury. In delivering his discharge, the Judge . called attention to the fact that all , of the facts and dates in the case , had time and again been brought , fully to the attention of the jury and that the arguments of the at !, torneys upon the final day had thoroughly covered these features. l Immediately after the discharge of the jury. the county attorney , arose, and facing the court, said; . Your Honor, we are ready to pro- ceed with the second trial" Both t Judge Cooper and the defense at 2 torneys were taken unawares by the
 instantaneous action of the county . attorney. The judge replied that he had his own court to handle IT 2 Tucson for the October term and - that this fact necessitated his i'm 9 mediate return home. Attorney Le. r Roy Anderson, of the defense, de . clared that he had several pressing 2 engagements which required his i'm : mediate attention. Judge Cooper $ declared, however. he would further l discuss the matter yesterday after. k noon. The jurist left yesterday af- T ternoon for Tucson.
 The county attorney said he wa: Y particularly anxious to have the casC
 re-tried at once, with a view oi Q saving the county some expense : most of the witnesses being now 7. upon the ground, making the ser n vice of subpoenaes all that would . be necessary. The indications now . are. however, that the second tria : will not occur until the December a term.
 1 As a result of the jury's failure t to agree, the action against Clarl for alleged grating from the county 3 stands exactly now where it stood . two weeks ago before the first wit
 ness in the case was called, an enor e nous expenses having been incurred |. by the county and also the defendan c in the conduct of the case with nc n satisfaction gained by either side The trial is acknowledged to have 7 been the most bitter and hard tough n in the history of the Yavapai Coun 0 ty Superior Court, and its progres! f was doubtless watched with keer n interest from every corner of tht - state.
 4 POPULAR YOUNG