The log cabin Democrat., 1915-03-13
JURY UNABLE 10
 FIX PUNISHMENT VICTORY FOR DEFENSE
MANY EXPECTED DEATH PEN ALTY WOULD BE ASSESSED
 BY THE JURY.

0c DiouIlt, Sldyer or oscar l.. Honea, was convicted of murder in the second degree by the jury early this afternoon.
 The jury, unable to agree upon the punishment, left the penalty to the court, who fixed it at IS years hard labor in the penitentiary.
 The jury reached it's verdict short ly after returning to their room after lunch and notified Sheriff Bishop of the fact. The court, however, not an tlclpatlng that decision would be reached so soon, had not returned to the courtroom and it was 2:15 o'clock when the jury slowly filed in, and, in the presence of big but silent crowd, announced that they were ready to return verdict.
 We, the jury, find the defendant guilty of murder in the second degree and leave the penalty of his punish ment to the court. (Signed) H. B. Bush, Foreman were the words that Circuit Clerk A. M Ledbetter read from the paper handed him.
 ''ls this your verdict?' Judge Trim ble asked and each man bowed in as sent.
 Blount's face remained as impas- sive as it had throughout the trial.
 Defendants counsel demanded that the jury be boiled and as each jurors name was called he stood up and an- swered in the affirmative to the oues- tion.
 Judge Trimble then called in the counsel on both sides and retired with them to consider the question of the term of Blount's imprisonment. After the term of IS years had been de cided upon, Bfount was called into the conference and asked if he was willing to waive his right of appeal and arraignment and accept the sen- tence at once. The defendant as sented.
 The court returned to the bench and, with Blount standing in his pres. ence, pronounced the sentence. The court said he believed the verdict was just one and told the defendan, that he was fortunate in escaping a conviction for murder in the first de- gree.
 The outcome of the case is regarded as quite victory for defendants at torneys, J. C. Clark and A. L. Barber, who were appointed by the court to represent Blount. Their task was a most difficult one and the belief was general that first degree conviction would be sustained. On the other hand, the attorneys for the state, G. w. Clark and J. B. Read, both made a masterly fight and won much con- mendation for the manner in which they conducted the prosecution.
 The jury, it was learned later, stood II for second degree murder and one for first degree murder on the first ballot. Six ballots were taken before an agreement on second degree mur- der was reached, and the jury found that it would be impossible to agree upon the length of imprisonment and decided to leave it to the court.
 The case went to the jury at 10;24 o'clock this morning. Wearied by the long and bitterly y-contested trial, the jurymen rested and recreated for sev- eral minutes before beginning the de- Alterations which would decide the life or liberty of the admitted slayer of Oscar l.. Honea.
 Six hours of arguments followed the examination of witnesses, which was concluded at the adjournment of court yesterday afternoon. At night session Prosecuting Attorney J. B. Read for the state and A. L. Barber for the defense spoke for about 40 minutes each. This morning at 8 o'clock the arguments were resumed, J. c. Clark speaking for the defense and J. c. Clark closing for the state. Masterly arguments were presented on both sides, the speeches being among the most effective ever heard in a Faulkner county court.
 The instructions given to the jury by Circuit Judge T. c. Trimble, it was generally conceded, would make it impossible for them to return yer dict of not guilty. Although some of the instructions were given over the strenuous objections of the defense, the court and the states attorneys were of the opinion that they only set forth the law and were not prejudicial to the defendant One instruction