The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-10-23
After Having Case Twenty
four Hours 1t Was Discharg-
ed Yesterday Afternoon
CASE TO BE TRIED
AGAIN DECEMBER l
Defendent Physician Is Re-
leased on $1,000 Bond
With His Wife as His
Surety

After having had the case in their
hands more than twenty-four hours
without being able to agree on the
facts presented as to the guilt or in
nocence OF DIR. Boyce .. BROKER.
charged with violations OF the Har-
SiDon anti-narcotics drug act. the
Jurors at o'clock yesterday after
noon reported to Judge Waddill in the
United States District Court that they
had not found a verdict Following
argument counsel on motion for
setting the date for a new trial. Judge
WAddtll fixed the trial date az De-
cember /, next DIR. Brooker was re-
leased under bail In the sum of $4,000.
with his wife an surety. for his APP
peArance before the court on De-
cember /.
Whom the Jury failed yesterday
morning to report 70 the court that II
had reached . verde. those who have
been following the trial OF the case,
which had been on since Monday
morning. anticipated that the trial
would result IN hung jury" This
feeling was strengthened during the
day when the jury died ineo the court
room In the early afternoon and re-
ported II was unable to agree.
Judge waAdill. addressing the
Jurors, briefly impressed upon then,
etB0 IMPORTANCE Oh LllS IkAS5 Io bokts
the government and the defendant.
and asked them 10 60 back to their
room and "endeavpr honestly and
1eariessiy to reach a verdict In this
case"
At s O'Clock judge Waddin rcf,.ned
to the courtroom, mounted the bench
and instructed United States Marshal
Saunders to cali on the jury and see
il II had reached a verdict II II had
not to ask II they were near enough
to a verdict to rsturn II II they were
given 4 little more time.
MarnhAl Saunders returned to the
courtroom with the statement that the
jury had aAid Il WAS a. near an agree
ment as II could expect to get. Judge
Waddfll then called the Jury In and
heard the statement made by Its fore
man. W. A CheAtwocd. that the jury
Was hopeleesly divided. The jurors
were agreed 20 far as the law was
concerned. II was stated. but the diff
ference existing WAS over the facts.
The fury was then discharged.
District Attorney r. II. Mann moved
the court to Get the next trial OF the
case At an early date in tho present
term. Alfred r. Cohen, who, with
william NJ Justis. II counsel for DR..
Brooker, argued that the date he mad
~ far in the future as possible II the
case must again be tried at this tSfm.
Fixes Date December 1.
Judge Waddill. admitting that II Is
exceptional that retrial OF q case be
HAD At the same term Of court. and
setting forth the importance Of the
case and its early disposition. 1t beine
the first one under the operation OF
the Harrison act, fxed Decsmber as
the date. The formality of present
4ng bond was next gone through with,
after which court adjourned untik III
o'clock this morning,
N The Jury was made up Of ". A.
Cheatwood. foreman. and r. e. Eng
lish. Wiley NJ. Lawrence. o. F. Nc
Dowell. Fred Peasants. John L.
Grubb. A. A. Johnston. Heth Owen.
John r. Hinton. r. j. wrenn. J. b.
Gravatt and r. N Saunders.
DR.. Brnoixer Is under indictment
charging him with violations OF the
Harrison act governing the handling.
ale. dispensing or giving away OF
opium or coca leaves. their salts. de-
rtvatives or preparations" There ara
4hirtesn counts In the Indictment,
charging him with yelling, bartering,
dispensing and distributing narcotics :"
etc.
The penalty In each case,- or count,
d . fine Of not more than $4,000 or
imprisonment Of not more than fivs
years. or both. In the discretion Of the
ssAurt