The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-10-25
Jury STILL out
in CARMAN CASE
AFTER MIDNIGHT
Ordeal of Waiting Taxes
Strength of Accused
Woman.
MARKED NERVOUSNESS
DURING DELIBERATIONS
Conversation With Those in
Anteroom Becomes AL
most Incoherent.
JUDGES CHARGE IMPARTIAL
JUDGES CHARGE IMPARTIAL
District Attorney Smith Confidently
Expects Verdict of Ac-
tg qufttal.
tspecial 10 The Tlmes-DIspatcN. ]

HlNFOLAI october 24.-Twelve Long
Island farmers and business men all
married, are debating tonight tho YER
dict they shall bring In In the case
lol Mrs Florence Conklin Carman
charged with the murder of Mrs Louise
Duryea Bailey. .ft
AT 9:44 o'clock after having delivered
n charge occupying thirty mine minutes
Justice kelby delivered the case into
the hands OF the jury. In just sixty
lour minutes, there came rap that
siSnifed that the jury wished to re-
turn TO court. Immediately there war
great excitement throughout the court
house. Mrs. Carman WAS brought in
from an anteroom. She composed her
self. smiled at a few friends, and sat
PACK In her chair making visible ef-
forts to appear at ease.
But 1t was not to deliver their yer-
diet that the Jury wished to return to
court. They had started debating the
evidence. and merely wished to have a
portion Of the testimony reread to
them Before this could be dC,e. how
ever, the jurors changed Their mind,
and they were not brought into the
courtroom. Once more the tenseneso
set In. Mrs. Carmnn went back to the
nnteroom, and her father and mother,
husband and daughter and the other
members of her family conversed in
low tones In corner OF the courtroom.
ShIhh1E NSoNSIOCftED
FAIR AND IMPARTIAL
Justice Kelby.s charge was consid-
cred fair and impartial. 1t was deliv-
cred In a passionless monotone betray-
Ing no interest in the case other than
to see impartial justice done. But just
before the Judge started his final ex-
hortauon TO the jury, District a ttorney
Smith, q had said to q, few wfneWspapertrnen
That he sgpkHsed the tuTyc9to acqutt
Nrs. CarIrtan. Justice Kelby told til enl
they could find the defendant guilty OF
smnrder in the FIRST or second degree. or
Of manslaughter in the first or second
degree Most of his charge was devoted
to defining the different degrees.
Mrs. Carman's nervousness was more
noticeable during the Judges charge
and after: the retirement of the jury for
deliberation. than at any time during
the trial. except when her daughter
Elizabeth, and her mother, Mrs. Platt
Conklin. were testifying in her behalf.
While Justice Kelby was delivering his
charge, she bit her lips and shifted
nervously In her chair, but as the jury
retired she beamed brightly on some OF
her, friends who sat near the railing of
the court.
After the first few minutes. however,
when the excitement of the jury's leay-
ing the room had Gained, the strain
asserted itself. Her conversation with
those in the anteroom with her be-
came disjointed. almost incoherent, 1T
was reported, and when the first sum-
mons from the jury room came, she was
SO excited that 1t required terrific ef-
fort of the will for her to pull herself
together.
Once In her seat, however, it was
plain that she augured well from the
prompt communication from the jury
chamber. That she expected to betac-
quilted within few minutes was
nj 70 he nof 1y,r
Her excitement grew, but 1t was a
pleasurable excitement
RELAXED TENSION
is TAKEN UP AGAIN
Then, when the real import of the
summons from the chamber of life or
death dawned upon her, when she re-
allied that the relaxed tension of wait
ing must be taken up again, the reac-
tion was correspondingly severe. 1t
was a greater ordeal than she had
counted on, apparently. and little by
little her remaining self-confidence
seemed to ooze away from her.
The ordeal of waiting seemed TO be
for his wife. Perhaps it was only that
her will was stronger. her nerve better.
but at any rate, severe as was the
strain upon the woman, 1t was more
severe upon her husband. He seemed
like a man about to be led to his
Y.
His forehead was dewed with perspira-
tion, and when he spoke his voice was
broken with the effort of gulping down
the great sobs of nervousness that
threatened to choke his utterance COM
pletely
AS the minutes wore on, the hopes
of all Mrs. Carman's family and
friends for acquittal lessened. Dis
trict Attorney Smiths prophecy of a
verdict of not guilty had not been re-
peated to them, but at the beginning
they had been as confident of full
vindicatlon as he had. When the first
hour had passed. and the second was
we'll along. however, the first waver-
ing doubt was voiced by one OF the
Carman party. ,stl
Perhaps It, will be a disagreement"
was the words spoken But no one of
than this could be borne through the
little door by the twelve men whose
final word they were so anxiously
awaiting.
Tho night session had opened i'm
metiately after tho Jurors had returned
from dinner. Justice Kelby began. his
charge without delay. s
JURY TAKES CASE
AT 8,45 O'CLOCK
The jury in the case Of Mrs. Florence
Carman,, after listening all the af-s
ternoon and evening to the summing
up OF the defense aud the prosecution,
and the charge OF Justice Charles H.
Kelby, retired at s:45 o'clock tonight
to begin Its jdeliberations.
The defense OF the woman, charged
with the murder OF Mrs. Louise Bailey
rested its case early In the morning
session. anu several witnesses In re-
buttal were called. M IS x II
Then for moro than three hours and
a half, John J. Graham, Mrs. Carman,s
chief counsel. :dissected the States case,
(continuod on Fourth Page