The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-12-16
JURY CONTROLS
NEWMAN'S FATE
FAILS TO REACH VERDICT IN MUIR
DER TRIAL AFTER MANY HOURS
DELI2ERATIoN.
IL Adjourned To Hotel Until This Morn
m=-Doctor Coufident That Delay
Means Aoquittal.

br. Felix X. Newman's fate rests In
the hands Of twelve men who were
locked up In the Stamm Hotel for the
third consecutive night last night. Az
ter wrestling with the evidence from
9'so yesterday evening until lilo last
night. with one hour off for supper. the
jury returned and announced that Il had
not agreed upon a verdict. Judge Robin
son admonisned the Jurors not to talk
10 any one. outside. about :he case. and
70 report this morning at $50. Deputy
Sheriffs Tom Smith. and Captain Henry
Frohme took charge of the jury. At $50
the jury requested that the instructions
be read, which was done.
All that could be learned OF their acts
in the jury room was that Mr. T. Is.
Franzheim was elected foreman Of the
jury. DR.. Newman, charged with the
murder OF sure 'kogusky. seemed to be
well pleased with the demeanor OF tho
jury. as he feels that continued ballot
ing tavors disagreement. and probavs ~
acquittal
The court room was crowded all day
and when court adjourned before mid
night. there was stu nearly hundred
SPECTATORS present. among trem being
many personal friends OF Dr. Newman.
When court opened yesterday morning
DR.. r. $. Kennedy. a; whose home pr
Newman lived. was called - the stand
and told OF leaving Doctor Newman in
Atlantic city. lie identified certain in
struments as his own and said that one
at least was not scrviceable.
MINER Springs Sensation
Or. John McCon followed Dr. Kenne-
dy on the stand. He stated that he had
attended the autopsy but could not ar
rive at the cause Of death. The doctor
answered a long hypothetical question
propoundcd. b. saying that he was una
haaF EaHH nsa tel "a NL 81
oform poisoning or not
Thomas Miller. alleged to be an Access
sory 10 the crime. sprung a sensation
when he said the state mad promised
him pay and immunity n he would tes-
tify against Newman. Mr. Mckee. pros
ecuting attorney. took the stand TO re-
fute this statement
At 80 o'clock. court convened for the
afternoon session and arguments, the
Instructions having been delivered be-
fore court adjourned at noon. Assistant
Prosecuting Attorney r. A. O-Brien
opened for the state. He outlined the
testimony Of the state. and AZ times be-
came quite caustic IN denouncinE the
doctors deed. referring 10 the iynching
Of a negro a. Hopeweli. Va. who had
robbed the living. As 10 this the state
attorney said the defendant had robbed
a dead girl
Attorney Fred Brinkman opened for
the defense and spoke forcefuily for his
client He was followed IN order By At
torneys l.. j. Graham. colored. and Chas.
,. schuck. Prosecuting Attorney -. g..
Mckee closing FOR the state. In his clos.
inE argument he told the jury that all
doubt had been removed as 20 the possi-
blllty of the Eirrs poisoning herself. and
that they must believe Dr Newman had
contributed fo her death
Judge Robinson then handed the jury
four forms Of verdiet--g oilty o. hurdsr
boz the second dcnrse. Fuilty o. solun-
tary munslaurhter. guilty u involun-
tary manslauEhter. or not guilty.