Daily capital journal. (Salem, Oregon) 1903-1919, 1915-07-24
DURSELL Jury STANDS
7 FOR CONVECTION
AND 5 FOR AQUTTAL
Unable To Agree Jurymen
Are Discharged New
Trial August z

After standing seven for aequittal
and five for conviction the jury in the
case of Clarence o. Bursell charged
with the murder of Charles C. thinner
man reported at noon today that they
were unable TO agree and were discharg-
ed by Judgs Percy r. Kelly. The vote
of the jury on the first ballot was
seven for acquittal and five for eonvic-
tion and so it stood throughout the
q hours during which the jury deliber-
ated. No attempt was made TO reach
a compromise verdict of manslaughter
and the issue stood squarely upon
whether or not Bursell acted in self
defense when he fired the fatal shots.
Wanted Instructions.
After "a hours deiberation the Jury
in the Bursell murder case reported,
when court opened this morning. that
they desired further instructions in the
case. After a conference the ATTORNEYS
in the case decided to ask upon what
particular points the jury wished to be
enlightened. The jury then stated that
they could not agree upon some facts
in the testimony Of Mrs. Zimmerman
and of Mable Zimmerman. More par.
ticularly, the points in the testimony
of these two witnesses were, as to where
Mrs. Zimmerman was standing when the
first shot was fired, where Mable Zim.
norman was standing when this shot
was fired, and where the shells were
picked up in the road.
1t was stated that IN addition to the
testimony of these two women this
would require the reading from the rec.
ord of the testimony of Sheriff Esch
and Deputy Sheriff Bower who picked
up the shells also the testimony of
Bursell and others who testified upon
these points, This was objected to by
Attorney Carson, for the defense, on
the grounds that none of the record
should be read unless all of il were
read to the jury. Which action would
constitute a virtual retrial and that
the record was long one.
Judge Kelly then advised the jury
that they were unable TO read the rec
ord or any part Of it to the jury The
jury retired at 9;45 yesterday morning
and the report this morning was the
first indication of the nature Of theii
deliberations.
The second trial Of Bursell upon thii
charge was set for August at 10 a. m
and special venire of 80 jurors wal
drawn for this trial. The Jurors draw
for the second trial are as follows
w. NJ. Ebert, Salem, Oregon, No. s
carpenter; David Hovenden, Scollard
Oregon, farmer; Jacob Amstutz, Soutl
Silyerton, Oregon, farmer; A. +. Bell
Salem, Oregon, No. 9, real estate; Har
old Austin, West Woodburn, Oregon
merchant; G, II. Croisan, Salem, Oregon
No. !, farmer; c. j. Seibel, Sublimity
Oregon, farmer; W. W. Moore, Salem
Oregon, No. 9, merchant; Carl Stciwer
jefferson, Oregon, farmer; John Scott
Scots Mills, Oregon, miller; Stevei
Hemshorn, West Mt. Angel, Oregon
farmer; Clifford W. Brown, Salem, Ore
gon, No. II, merchant; j. w. Imbler
Mehama, Oregon, farmer; G. w. Hun
saker, Turner, Oregon, farmer; r. Gun
dcrson, East Silverton, Oregon, hotel
peer; b. T. Kumler. Salem, Oregon
No. 4, mail carrier; N. w. Lewis, Croi
san, Oregon, farmer; John II. Shafer
Turner, Oregon, farmer; L. w. Powers
Salem, Oregon, No. /, farmer; Wrigh
Foshay, North Silverton, Oregon, farm
er; Walter Pemberton, Rosedale, Ore
gon, farmer; Philip uraham, 81. Paul
Oregon, farmer; Frank Shedeck, Salem
Oregon, No. s, laborer; W. o. Day, Sa
lem, Oregon, No. s, clerk; j. w. Hunt
Salem, Oregon, No. Is, liveryman; AL
bert Webb East Silyerton, Oregon, mer
chant; s. 4. Snyder, North Howell
Oregon, farmer; A. l.. Headriek, Sa
lem, Oregon, No. ], contractor; j. 7
Hunt. sublimity. Oregon. farmer; Philil