The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-10-26
. JURY DISCHARGED
IN CARMAN CASE
FAILS TO AGREE
Final and Almost First Vote
Is Ten for Acquittal and
Two for Conviction.
DEL CELEBRATIONS TORN
BY FIERCE ARGUMENTS
Fight for. Liberation Combines
in Open Warfare Against
Hold-O Outs.
PRISONER COLLAPsEs IN CELL
To-Day Woman's Lawyers VIII APP
peal for Her Release
on Bail.
DELIBERATIONS TORN
BY FIERCE ARGUMENTS
PRISONER CoLLAPsEs In CELL
To-Day Woman's Lawyers VIII APP
peal for Her Release
on Bail.

Especial to The Tim es-Dispatch.l ]

MINEOLA, L. l.. October 25.-After
thifteen hours and fifteen minutes Of
the sbitterest wrangling that the little
Nassau County courthouse has ever
known. the jury In whose hands the
fate OF Mrs. Florence Conklin Carman
lay disagreed and was discharged
shortly after II o'clock to-day. The
Hnal and almost the first vote was ten
for acquittal and two for conviction.
The two men who. throughout the long,
aleepless night stood out against the
popular cry for acQuittal were Joseph
"a Aston, manager for a publishing
house Of Port Washington, and VIII
liam @. Hoyey. the brawny salesman,
who occupied chair No. 4 In the jury
box. -
Haggard, sullen and hopeless. the
Jurors gave UP the fight at 1O,59 in the
morning. and reported to Justice Kelby
that there wasn't chance OF their
agreeing. Their deliberations were
torn by arguments which could be
heard on the courthouse steps, and the
ten men who fought for Mrs. Carman's
liberation combined in open warfare
against Aston and Hovey. They
threatened to throw Aston "out OF the
window. and Aston stood his ground.
defying them to carry out their threat
1t was said that they would have done
go had not Hovey. the rugged giant,
jumped to Aston's side and declared
thatit would he necessary TO throw him
nut also.
& JUROR PREPARES
FOR AN ASSAULT
So serious did the matter become
That Hovey thrust the slghter Aston
behind him and prepared for an nssa,,it
!, iut 20 formidable did he loom up before
the open window that none dared accent
2 his challenge. > -.
Five ballots were taken. The arst.
Z taken shfteen minutes after the Jury
seirea ,et sta4s on SATURDAY, night re-
Z suited In vote OF 9 to 3 FOR acuuitfaI
The preliminary vote found Marx
{ Gettsch. the Hyde Park gardener. lined
up with Hovey and Ashton. but n half
Eour's argument smashed the opposition
of Gettgch and he Joined the majority.
Then, scorning food and without
sleep, the twelve men wrangled through
the night. Bleared. hoarse and snarl-
ing. they declared their hopelessness to
Judge kelhy In courtroom which
presented the weirdest picture in New
York criminal casea.
Before Judge Kelby in Brooklyn to-
morrow John ]. Graham and George
Morton Levy, Mrs. Carman's lawyers.
will appeal 'or the release Of :heir
client on Jail District Attorney
Smith. the only man in the courtroom
who looked capable OF standing on
h!s feet when the Jury reported to-day,
says that he will offer no opposition,
end considers that $4,000 will be
sufficient.
MRS. C!R3IAN KEEPS
AWAKE DURING NIGHT
BY pure will power and refusal to
give way to her nerves, Mrs Carman
sat through the dark night and chilly
dawn waiting the verdict She refused
to sleep. She refused to lie down. She
sat up, keeping her drowsy husband
awake by forced laughter and trivial
jokings. She wrote half n dozen let
nm In aCI, rf tl,ar,,
declared she would call some time
during this week.
She watched the dogged jurymen file
in. and buried her face in her hands
as Albert +. Ludlum, the foreman from
Oyster Bay, growled to Justice Kelby
that the jury was hopelessly divided.
But, gentlemen" argued the justice,
surely after SO lonS you should agree.
Is there not something can do? Can
not enighten you on some point of
law?"
There is no point OF law involved?"
shouted John II. Molineaux. No. 0.
I'VE can't get together on the evidence.
It's no use We'd be here until
Gabriers trumpet stopped u.s.
Then. as Justice Kelby waved his
hand and. dismissed the jury, Mrs. Car
mans will collapsed. She crumpled
like a disappointed girl. Her arms
were stretched out on the counsel table,
and she buried her face between them.
Her body shook convulsively.
I'm sorry. very sorry" whispered
Graham putting his arm around her.
= I'm so disappointed" she wept, 80
disappointed. thought they would
send me home"
WEEPS LIKE a CHILD
As JURYMEN FILE OUT
She wept like a child. and tears
strean1ed down the fat cheeks of her
husband. The jurymen fled out SO
close to her that they could have
touched her bowed head. and Warden
Hulse arose to escort his remarkable
prisoner back to her cell in the jail in
the rear; of the courtroom.
N, dozen weary reporters struggled
to their feet. wiping their eyes to drive
off the encroaching sleep. score of
women who had come early Saturday
morning looking well Eowned and
frcsh. but now were bedraggled and
5aunkempt. arose from their chairs, where
they had slept all night. Thre news
paper women who had gone to sleeI
on n row of benches were shaken into
consciousness, and all together the ex-
hausted crowd crept out into the Morn
Ing air TO hear Ludlum the foreman
make a speech on the courthouse steps,
In which he denounced HoyeyS and
Aston for their "obstinacy" and "disre-
gnrti of facts"
Resolutely and scorning to heed the
snarling comments OF their fellow
3 Jurors, the quiet Aston and the huge
Hovey trudged through the crowd and
& down to Garden City Hotel, where
they declared to the drowsy reporters
that they had done their duty and left
q Mineoln with clear consciences. 20
The gloon, Of Graham and Levy was
I n Continued on Second Page. ) ---7-.7i