Weekly journal-miner., 1915-03-17
JURY IS g ID 3 FOR
 CONVICTION
(From Sundays Daily)

The BraCken Jury aIleI o1 HOul , Ol deliberation failed to reach verdict and was discharged by Judge Smith for the term yesterday afternoon at o'clock. The second trial of Bracken will begin tomorrow morning at 10 o'clock. and will be the last case but one of this trial term, all the civil actions having been settled out ot court or postponed until the next trial session, which according to present indications will take place in June. The Hammond-Dodge "wet" trials will follow the disposition of the Bracken case.
 The jury in the Bracken case varied but little in their many, many ballots. The first vote was 8 to for convic- ton and later one man came over, which made the vote 9 to 5 for con viction. There the jury hung and des- pite all argument three of the men still clung 10 their belief in the inno- cence of the Jerome man, accused Of selling liquor since the first of the year, or technically speaking, since the prohibition amendment went into effect.
 It is said that the scene in the room where the jury was confined was an animated one, and the discussion waxed warm at times, but all the talk, and there was much of it in 51 hours, proved without result as far as reach ing a conclusion was concerned.
 The Bracken case has the notoriety of being the first in Yavapai county since the state went dry. He is specifically accused of selling whi5key to a Mexican at Jerome on the 2lst day of January this year. The trial has aroused a great deal of interest, particularly since the arrest of T. C. Dodge and A. L. Hammond on seven charges each of selling liquor under bills of sale given last December.
 Dramatic Incident.
 The Bracken jury was called into court yesterday morning at 9:30 O. clock, but upon inquiry from Judge Smith 1t developed that no verdict had been reached. Then occurred one of the most dramatic incidents ever wit messed in the history of the courts Of Arizona. Judge Smith, turning to the jury said: Gentlemen, what 1 have to say, is to each one of you individ- ually. I have no personal interest in how this case should be decided: whether you return verdict of guilty of not guilty but as judge of this court, 1t is my duty, to see that yer diets are properly returned and rend- cred. In this case, after you had de- liberated upon 1t, for less than one hour, you sent message to me, by for you to agree. Doubtless, you had forgotten the oath that you took when you were sworn as jurors to try this case. Let me recall 1t to you. You held up your hands and swore before your God to return verdict according to the law and the evidence. It is the duty of juries, under their oaths, to return verdicts, not to dis agree When sworn in this case you said you would lay aside all prejudices and all personal feeling that you might have and would consider only the evidence and the law Let me ask, and I again direct my remarks to each individual juror, has there been any outside influence brought to bear in any manner upon any of the mem bcrs of this jury since you were sworn in this case or has there been any attempt to influence you in any way"
 At this juncture Judge Smith paus- cd for a moment and all the jurors disclaimcd that any influence of any kind had been brought to bear upon them.
 Continuing, the court said: "The jury system is one of the most ancient and honored institutions of the Eng fish speaking people. It has been the bulwark of freedom for centuries and trust that it always shall continue as such. The juror has grave and important duty to perform. Unless that duty is fulfilled conscicntiously and fcarlessly and cases decided ac- cording to the law and the evidence the system becomes a farce. With this admonition, gentlemen. l shall again ask you to retire and deliberate further upon your verdict"
 TTTCTIEJAPJ E uOMTCTnE