The Birmingham age-herald., 1914-02-01

Agreeing that the evidence was not suf
ficient to call for the death penalty or
life Imprisonment. the jury in the case of
James Rooney, alias New York Harry"
failed to agree on a 10 years sentence in
the penitentiary and at o'clock yester-
day afternoon a mistrial was en-
tered by Judge Fort and the jury dis
charged. The jurors had been deliberat-
ing on the cast just As hours. After the
third ballot, there was no change In the
voting. The first ballot was eight for
acquittal and four for. conviction The
second ballot was the same. Previous to
the third ballot the 10 years. sentence
was agreed upon by those favoring a con-
viction and on the ballot being cast the
jury stood to for conviction and the
10 years sentence.
At no time were any of the jurors will
ing to bring in verdict of murder In the
first degree, but the majority favored
some punishment.
No Chance for Agreement
Shortly after o'clock yesterday Judge
Fort summoned the jury into the court
room and asked if there was any chance
of a verdict being reached The foreman.
M. III. Proctor, stated that there was not
the slightest chance of getting together
and that since they were before him on
Friday they had gone over the evidence
again and again and taken a number of
ballots without any change. Judge Fort
asked each man of the jury if othere was
any chance of getting together. to which
all answered there was not one Juror re-
marking that so far as he was concerned
he felt he would violate his oath as
juror and his conscience If he changed
from the position he had taken. Other
jurors were equally emphatic
Judge Fort asked the counsel for the
state and defendant If they thought there
was any use of keeping the jury together
Mr.. Tate stated that so far as he was
concerned he was satisfied that the jury
could not agree and asked the disc barge.
Mr.. Gibson and Mr.. Davis attorneys for
the defendant, made the same request.
Judge Fort stated he was unwilling to
keep the jury together longer, as he was
satisfied that each pjuror was acting in
accordance with his honest convictions
and discharged them with the thanks of
the court. and entered the following or
der on the docket:
January 81, 1914 4 p. m.
'The jury having been out IS hours and
reporting to the satisfaction of the trial
judge that the ends of justice would be
defeated by a longer deliberation by a
sacrifice of the honest opinion of right
ON the part of individual jurors, and
counsel for the state and the defendant
consenting to a mistrial in open court,
and the defendant and the jury being in
open court, mistrial is hereby ordered
and the jury discharged without making
a verdict.
"W. f. FORT, Judge"
Jurors Talk Freely
Immediately following the discharge of
the jury, Judge Fort called Juror w. l.
Belcher to the bench and informed him
of the death and burial of his father-in-
law, which had occurred while the case
was in progress. The jurors talked freely
about their trying experience, some of
them stating there was an honest differ
ence of opinion among the jurors as to
the guilt and innocence of the defendant
One juror stated he was against a COM
promise verdict and that If the defend
ant was guilty he ought ODE hanged; il
innocent of the crime for which he was
tried he should have been acquitted
Postoffice Inspector II. T. Gregory, who
furnished practically all the witnesses for
the state would not express an opinion
as to the outcome of the trial. He took
the result with the same calmness that
has characterized his attitude all during
the trial. He gathered up his bunch Of
ex-convicts that he had brought here to
testify against the defendant and, like the
Arab folded his tent and departed.
The prisoner, Rooney, was plainly dis
appointed. His eyes never left the judge
and jury while the possibility of ver-
dict was being discussed. He stated on
Friday that he was afraid that he would
be convicted on general principles and
that the jury might arrive at a com
promise verdict and give him term of
years in the penitentiary
Rooney Is Disappointed
'I an much disappointed at the ver-
dict" said Rooney, for l fully expected