White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1920-07-25
JURY D|sAGREEs
N SECOND TRIAL
OF MARIE HEALY
Unusual Situation in the
Annals of State Muir.
der Cases Develops
from Ely Homicide.

After nineteen hours of delibera-
tion the jury In the trial Of Marie
NJ Healy for murder in the first de-
:, gree. appeared in court Friday noon
and declared that an agreement was
impossible.
The jury stood eight for acquittal
and four for manslaughter, and 1t ap.
peared that no amount of delibera-
ton could make q substantial change
in the opinion OF the jurymen.
This is the second jury thai has
disagreed in this case.
The second trial of Mrs. Healcy
was called in the district court Mon
day with the remaining jurymen from
the June yenire from which to select
panel. When the examination of
the jurymen selected was begun by
the attorneys 1t was soon discovered
that the greater number had formed
or expressed an opinion relative to
the guilt or innocence of the woman
on trial. Owing to the interest the
first trial of the case had aroused,
many OF those called to serve on the
jury had heard the greater part of
the testimony and we're disqualified
10 act as jurymen.
Monday afternoon .he court took
a recess and so additional venire-
men were drawn from the jury box
by Judge McFadden and County
Clerk Oldfleld and an order made to
the sheriff to serve the men and have
them in court by $3.50 a. m. Tues
! Aay. The sheriff's force worked all
Monday night, making automobile
trips around the county and collect
ing the men served with the result
that the additional jurymp we're
present in court at the time specified.
Before the sixteen pre-emptory
challenges were exercised by state
and defense. each of which Is allow
cd eight under the statute. the list
OF jurymen Was exhausted.
AS the list OF jurymen drawn by
the board of county commissioners
at the first OF the year was now cx-
hausted, owing to the number or
criminal cases tried during the May
and June terms of court, the court
made an order on the board OF
county commissioners for additional
jurymen.
A speeinl melting oil the county
board was called Tuesday afternoon
and the commissioners proceeded 10
select an additional list from which
a venire could be drawn.
AS soon as the list was completed
II was certified TO the county clerk
who proceeded tn transfer the names
20 the cards for the Jury box aad
the Judge and clerk then drew the
required number OF names from the
box and made the necessary order
for the sheriff. Again the sberiff's
force broke the speed limit and burn
gas to serve the veniremen and bring
them into court the following morn
ing
At 1920 Wednesday morning the
challenges OF the attorneys was ex-
hausled aud the jury was completed.
District Attorney Edwards lost no
time In presenting the states side of
the case and witnesses for the state
were placed on the stand in rapid
succession. At s o'clock Wednesday
the state rested.
Judge McFadden ordered a recess
until p. IN. when the case was re-
sumed and Attorney G. A. Whiteley
for the defence opened his side OF
the case. Court recessed al 3 p. m.
until $50 Thursday when the ex-
amining of witnesses for the defence
was resumed.
Nothing new was developed In the
way Of evidence either by state or
defence. The testimony of witnesses
being the same as presented at the
first trial. Mrs. Healy was put on
the stand and withstood without a
sign of weakness cross examination
by the district attorney which last
ed over two hours. Just before the
noon recess the evidence for the de-
fence was completed md defence
rested
Judge c. ]. MoFadden then read