Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-10-23
JURY IN BROKER CASE
DISCHARGED BY COURT
Keports Itself as lIOpclcssly Divided
After Twenty-Four Hours
OF DeliberatiOn.
NEW TRIAL SET FOR DECEMBER 1
Judge Waddill Says Fact That One
Drug Store Had 800 Prescriptions
From One Physician for Deadly
Poison Showed Necessity OF Law.

After n delibcration OF twenty-four
hours. the jury, before whom DR.. Boyce
w. Erooker was tried in the United
states District Court for alleged viola
tons of the Harrison antiuarcotic act
reported TO Judge Edmund WaddilI. Jr
yesterday afternoon at > O'Clock that
1T was hopelhssly divided. and was dis
charged from further consideration OF
me case. Foreman W. ~ ch"atwood
announced the result Of thc jurys de-
lihcrations
Your Honor" said MIR. Chca,wood
we have considered this case earnest
~ and conscientious!y, discussing it
from every angle, and see no possible
chance for us to arrive at a verdict
we have sharply divided opinions and
with no amount Of d"libcration do |
'h'nk we could agree"
JURY REPORTED IT'S
HOPELESS DIVISION
In accordance with the Judges dircc-
lions. the jury reported the first time
Yesterday morning at $50 O'Clock AZ
mat time the foreman announced his
opinion Of hopeless division. Judge
Waddill replied that he saw no reason
why twelve reasonable men could not
como TO an agreement on n question
OF fact. reminding them that the va :
lidlty OF the law was not for them to
determine. and suggested that thcv go
TO the hotel and sleep on the matter
until o CLOCK.
one OF the jurors smiliuGlr told Tho
Judge that he thought they had slept
on II enough already, and were ready
10 retire for Immediate dcliberatiou.
shortly after o'clock. the jury again
hied into the courtroom and announced
IN" futility of its efforts 10 arrive at
verdict. with the reconvenirg of
court for the afternoon session. the
sam" reply was forthcoming TO IN.
M
realized that further cffor, 10 dispose
OF the case would b" useless.
Gentlemen" said Judg. Waddill. II
am ioath TO Civ" YOU ur. This case is
oil the utmost IMPORTANCE both to m.
government and 10 the accused. a,>.i I
nan hoped that You would dispose OF II
These cases always entail rr.a, COS,
20 the government, and, II for no other
reason than that. their disposition q,
one trial is desirable However If il,
is impossihl" for YOU 10 coIna 10 nm
agreement. there is nothin.. to do I'm,
!" discharge YOU from it, further con
sidoratlon"
Immediately following the discharge
or tho turv. District .,,iOru., pich,rd
H. Mann mat" tn" motion that tLe
court set q dty 2, Tho carli.S, time
possible for tn" r.,riul Of The ,.sc
suggesting 20 Attorrev Alfred r. Cohen
or counsel for the defense, tina, u.Nt
=" "!isH' meet INC approval OF both
tides. MI Cohen though, that in jus
tic. 70 all parties concerned con4idn-.
ing the strain under which tn. defend
anu. counsel for the defense and TN.
government ana the court had been
Iaboring during Ia. past nvc DAYS .,
continuation OF tho cas-" for q longer
period would y" advisable
william VI. Justis lr. OF counsel FOR
~" defense. told tho "our; that bts
mystical condition was such that ne
was FerGinr on a collapse. ana his
physician though. IL impcrativc that
nc take long rest. either at his home
s"At 'yflum FOR that reason.
he petitloned the court 20 continue the
second hearing az tn" case uutn after
the lSt OF January