The Washington herald., 1918-11-28
JURY AT ODDS;
TO RETRY HALL
IN ROY MURDER
Fail to Reach Verdict After
5I-2 Hours of De-
liberation.
ACQUITTAL VOTE s TO 4
Jurors Then Try to Bring
In Second Degree Charge
but Disagree.

ond time for the murder of little
Eva Roy in a wood near Burke Sta
tiOn over four months ago.
Yesterday, the jury trying the
case. after almost six hours of dis
cussion decided that it would be
impossible for them to reach an
agreement and were excused from
duty by the court. The foreman in
formed the court that the last bal
lot stood at three for complete ac-
quittal and nine for murder in the
second degree, fixing the punishment
at ten years Imprisonment. At the
hrst ballot the case was practically
reversed with four for conviction
tand eight for acquittal.
\ Commonwealth Attorney Ford
warned the jury in making his plea
of the responsibility of setting free
a man, against whom the slightest
suspicion clung of having been the
murderer of Eva Roy.
Ford's Jury Charge.
Il appeal to you" he said. in the
name of the womanhood and child
hood of the State to protect the COM
munity against the repetition of a
crime such as was committed last
August in the lonely wood near
Burke"
Attorney Ford pointed out to the
jury that the responsibility of sending
Hall to the chair did not rest with
them. but with the higher courts, and
finally the Governor of the State The
Commonwealth admitted that their
case was based upon purely circum-
kVrF k,F
every bit of evidence produced point
ed directly to Hall as the murderer
Emphasis was laid upon the fact
that Hall had known Eva Roy for
some time and was aware of the fire.
quent trips made by the child to the
woods. 1t was the belief of the COM
monwealth that Hall had planned
the crime some time before the day
the child was killed. and that he had
but waited an opportunity to COM
plete his designs.
Assistant Commonwealth Attorney
Wilson Fsrr oapaed the case for the
prosecution, emphasizing the failure
Of the story told by Hail to coincide
with certain testimony given by sew
eral Of the witnesses and the general
remoteness Of the scene of the crime
Either Liberty or Death.
Walter Oliver. in presenting the
case of the defense to the jury. de-
manded that the man be either set
free. cleared of any suspicion of
even possessing any knowledge of
the crime. or that he be given the
extreme penalty for first degree
murder
There can be no middle course"
he declared. either Lou Hall should
go forth from the court room to-
night a free man, or with the SEN
tence of death pronounced against
him. The wretch who was guilty Of
that crime against little Eva Roy
deserves no mercy and if l thought
this man was the murderer 1 would
ask for none"
Attorney Oliver declared that the
attempt to fix the crime on his client
was the result of a failure of the
Commonwealth to find anyone else
to blame-the last hope of vengeance
for a deed that had stained the
good name of the county. He de-
scribed how the prisoner had with
stood the several attempts of the
Commonwealth to secure a confess
L I. failing to break down even
Under the strain of solitary confne-
ment.
clrcumstantial evidence against Hall
was such as could have been brought
against any man passing through
the Burke woods on the day the
child was murdered. and that only
the accused's friendless condition
gave any weight to the suspicious
held against him.
oliver Asks for Mercy.
Gentlemen of the jury" Mr.. Oliver
finished. there is not one Of you who
would kill a dog on the evidence pro-
duced against Lou Hall. That mercy
YOU would give a beast 1 ask for a
man"
The defense refused to permit the
wife Of the accused man to testify, on
grounds that the woman is insane.
Shortly before noon Attorney oliver
informed the court that a new wit
ness had been secured. and asked
that he be given time to bring her to
court. Judge Brent granted the re-
quest of the defense. but the testi-
mony of the witness. Mrs. Bob Mar
. vim. of Burke, proved not to be what
Mr.. Oliver had expected. and was not
heard
Paul Marshall. the man who found
the child's body. was called to the wit
ness chair and testified concerning the
footprints found near the scene of the
struggle. He admitted that he be-
neved the tracks would have beer or
value il they had been measured at
the time they were discovered.
Examine Halls Teeth.
The defense called upon Vernon
Ford. the commonwealth attorney, 10
inform the jury of the results Of the
analysis Of the shirt worn by Hall
on the day the child was killed. Nj
Ford admitted that experts had de-
clared the garments bore no blood
stains.
Earlier in the day. at the request of
the jury. Hall opened his mouth and
allowed the jury to examine his teeth.
other witnesses called were Norman
Stewart. a former employer of Hall:
Mrs. William Harrison, who prepared
the child's body for burial; Peter Roy,
the dead girls father, and Sheriff Alli-
son. Of Fairfax County.
The case went to the jury at 4:30
and the agreement in regard to the
iury's discissal was reached at s:r5.
The case will be tried again at the
court session opening the third Mon
day in January.