The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-10-26

the case 10 ~ du Gnu Di9N' ~
ney Smith stating that he should not
again bring the woman to trial.
Mineola, n. Y, Oct. 26.-Twelve
men. sitting as a jury. came into the
supreme court room at 1883 o'clock
yesterday morning and announced
that they had been unable to deter
mine whether Mrs. Florence Conklih
Carman. wife OF DR.. Edwin Carman
of Freeport. l.. l., on the night 0.
June 80. last, thrust revolver
through a shattered window pane In
the physicians office and shot anc
killed Mrs. Louise Bailey, patient
who was standing there. The jury
deliberated more than lS hours. On
the final ballot, 10 jurors favored ac-
ouittal of the defendant and two held
out for finding her guilty OF murder
in the first degree as charged in the
indictment.
AS far as the state is concerned, II
is unlikely that Mrs. Carman ever
will ba brought to trail again. Be-
fore the jury came in, District-hltor-
ney Lewis j. Smith said if it stood
even eight TO four for acquittal ii was
improbable that he would bring the
| defendant to the bar again Atior.
news for Mrs. Carmen will make an
application this morning to have he's
| admitted TO bail. Such motion will
not be opposed by the district attor-
ney
The defendant is on the verge IF a
| complete physical breakdown, follow
ing collapse in the courtroom after
| the Jury was discharged. II was said
at the Nassau county Jail last might
that Mrs. Carman had been crying
constantly ever since she was
brought back 10 her cell.
The jury retired at 9.45 o'clock Sat
urday night. Several times durice
the night and morning it was beliey
ed a verdict had been reached.
When at 10 o'clock yesterday morn
ing word came from the jury-room
that the jurors we're coming out. Mrs
Carman was sent for Following hel
through the oaken door at the rear o
the Judges bench came her sister
Mrs. Ida Powell, and her niece. Mrs
Helen Corby. Dr. Carman, who haC
been sitting in the court room con
yersing with friends, Joined his wife
at the counsel table.
Dissatisfaction was plainly writer
on the faces Of the jurors when the!
fled in from the room where the.
had been celebrating. When justice
Kelby ascended the bench. Rober
Ludlum. foreman. because he wa
chosen drst. spoke without any fol
mality or introduction.
I'VE have been arguing Tor eight o
nine hours" said he. almost sullenl,
land we have been conyersing 70
the balance OF the time. We canno
agree. We have had no sleep.
Justice Kelby. after saying he va
sorry no verdict could be reached
thanked the jury for It's attention
thc violence and then discharged j
As the jurors. without furthe ado. n
TUNED to the room where they Ina
been celebrating to get their hat
and coats. Mrs Carman burst int
tears.
George Morton Levy Of Mrs. ca
mans counsel placed his arm arour
I he- waist MIS- Csrman. her eve
> covered with her handkerchief. shoe
her head slowly from side to sid
Mrs Graham came toward her
u am so sorry. Mrs. Carman,
said
oh" said the physicians wife.
am terribly disappointed. felt su
, the jury would acquit me.
? Mrs. Powell and Mrs. Corby th
took charge OF Mrs. Carman. Tn
assisted her. half stumbling. hi
walking. her hands TO her eyes. out
the courtroom and into the chambe
{ at the rear. Her husband follow
closely behind II was noticeal
that his wife seemed 10 be entire
e unaware Of his presence. After
81 party passed through the dOorW
Mrs. Carman tainted. She was qui
J.. ~ revived and then continued
, journey to her cell in the Jail