Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-10-26
MRS. CARMAN
! WILL DEMAND
ANOTHER TRIAL
Disappointed at Jury Disagree
ment, Will Not Rest at lndict-
ment Hanging Over Her.
PROSECUTOR MAY ACT ON
ALLEGED PREJUDGMENT
Report That Nine Jurors
Agreed in Advance TO Vote
AcquittaI.

MINEOLA, n. Y, Oct. 26.-Counsel
for Mrs. Florence c. carman planned
10 appear in the Supreme Court today
and ask that she be released on bail
pending her second trial on the
charge of numbering Mrs. Louise d.
Bailey or a decision to have the in
dictment against her quashed. The
jury which tried Mrs. Carma11, wife
of Dr. Edwin Carman, a Freeport
physician, in whose office Mrs Bailey
was shot and killed on June 30. could
not agree yesterday after celebrating
more than thirteen hours. 1t was said
the jury stood ten for acquittal and
two for conviction.
The district attorney had announced
that he would not seek to have Mrs.
caTman tried again. Her own coun-
sci. on the other hand. said he would
demand a new trial, as he would not
permit the Indictment to hang over
his client. Mrs Carman was said to
be in a state of collapse today as a
result of the jury's failure to acqult
her.
District Attorney Smith said he IN
tended to investigate a report tnat
some of the jurors decided during the
trial to vote Mrs. Carman innocent.
According to the report, these Jurors
reached the decision on THURSDAY
night. after Mrs. Carman had told
her direct story on the stand and
before she had been cross examined
by the prosecutor.
81 had not heard of this before, but
shall begin an Investigation OF IL
as soon as | reach my Office IN the
morning" said Mr. Smith last night.
"Wil it have any effect upon your
pressing for a further trial of Mrs.
Carman?r he was asked.
Yes if | find that it be true, II
will result in an application for a
new trial" he replied.
"Tt will affect the application OF
Mrs Carman's attorneys for her ad-
mission to bail. win it not?''
''Yes; you will not go far afield IL
you say that it will affect II.
''Will it cause a mistrial?
"There couldn't be more OF mis-
trial than a disagreement" was Mr.
Smiths reply II shall certainly Pc
gin an immediate investigation OF the
report know the three jurymen
against whom the nine are reported
90 have held out.
AS the jurors in the case were, as
usual. under explicit orders from JUS
lice Kelbv to refrain from discussing
fhe case in any way until his charge
had been placed formally in their
hands for decision. there is g. POSSIBLE
ity that punishment for contempt OF
court may be visited upon members
of the jury.
Juryman Tells the story.
The iuryman who related the incl
dent to the reporter stated that 1t had
occurred on last Thursday night Mt
The Garden City Hotel, where the jury
Il, "a trial IT
was on Thursday that Mrs. Carman
took the stand in her defense, and at
The time of the reported agreement OF
the Jurors she had not even under
zone cross examination at the hands
of the district-attorney
The juryman said that he noticed
that nine of the jury seemed inclined
10 keep together during the time they
spent at the hotel and that on Inurs-
day evening he approached httle
Knot of them to hear what they were
discussing.
He heard them talking about tho
Carman case, he said, and about the
Testimony Mrs. Carman had that day
riven from the witness chair. He
realized at once that this was DIS
tinct violation of the explicit instrue-
tions of the court and told his near
fTS so. BY WHY Ol ItRlN W tbAot O'iS
Of the Jurors stepped forward, ad-
n1itted that the case was being dis
cussed. and added that nine of them
had agreed to hold out to the end
for acquittal of Mrs. Carman. They
were convinced OF her innocence, he
said. and that belief could not be
shaken by any subsequent testimony.
The result of the first ballot taken
by the jurors when the case was iald
in their hands at 944 o'clock Satur-
day night was a poll of nine Jurors
for acauittal and three FOR conviction
FOR murder in the first degree.
Voted for Conviction.
The thrae men who voted for con-
viction We're William G. Hovey.
.salesman of Woodmere, who was No.
e. Mr.. Gottsch, a gardener, OF Hyde
Park, No. ), and Joseph II. Aston, a
publisher. Of Port Washington, No. 10.
The nine who voted for the acquit-
tai of Mrs Carman were: Robert
Ludlam the foreman, an oysterman,
OF Oyster Bay: Lois Angler, barber,
of Central Park: Frank d. Mount,
builder. Oeeanside: Alvin w Smith.
painter, of Cedarhurst; James y.
C;iraud, gardener. of Merrick: Jacob
Anton. retired tradesman, of Mineola:
John Molneaux, liveryman. of Port
Washington; Eugene T. Carpenter,
contractor, of Port Washington, and
Charles D. Stryker florist, of Floral
Park. The taking of this first ballot
was intended not so much to ascer-
tain the feeling Of the jurymen as
10 put them on basis for argument
of the case.
Argument was begun as soon as
they drew their chairs about the
table the newspaper reporters had
used during the trial and which had
been carried into their room.
The second ballot was taken at II
O'Clock after the jurymen had de-
hated and discussed the evidence for
an hour and quarter The result
showed that Gottsch had gone over
to the nine, and that ten now stood
for the absolute acquittal of Mrs.
Carman, while two believed her un-
ouestionably guilty of the murder OF
Mrs. Bailey.