The Barre daily times. (Barre, Vt.) 1897-1959, 1920-03-03
DISAGREEMENT
IN BURKE CASE
After Having Murder Case
Under Deliberation
10 Hours
CASE WILL BE TRIED
AGAIN IN SEPTEMBER
Burke Showed No Emotion
When the Disagreement
Was Announced

Skowhegan, Me-, March 3.-The jury
in the trial of John A. Burke, former
deputy sheriff and tax collector at
Jackman, who was charged with the
murder of Nelson W. BARLEY, keeper
of sportsmens hotel, reported a dis
agreement at a. m. to-day after ~
hours of deliberation. Burke was re-
nanded to jail to await retrial, prob
ably in September.
Burke heard the announcement OF
the jury without emotion. His wife
was not in the court room.
Judge Dunn, who held court open
throughout the night, interviewed the
Jury several times. When told short
" before 5 q. m. by Foreman George
Soule that progress was being made,
he announced that he could stand it as
long as the jurors could.
A short time later the foreman sent
word that the jury had been unable to
agree and after receiving the report
informally Judge Dunn announced that
court was dismissed until 10 a. m, at
which time the formal report would be
received and the jury dismissed.
Burke and BARLEY had long been
friends but quarreled shortly before
the latters death over liquor smuggling
operations in which they had been en-
gagged, and which were financed with
funds Burke had obtained as tax col
lector.
During the trial it was reported that
Burke. il acquitted, would be rearrest-
ed on charges of liquor smuggling and
Deputy United States Marshal Eugene
Harmon remained about the court
building until after the jury came in.
BARLEY was shot twice through the
head in the woods, about three miles
north of Jackman, on the night OF Oct.
Is. His body was found by one of his
brothers ard other searchers three days
later. 1t was hidden in cave formed
BY trees blown down in some storm
Burke with whom he was last seen
as they left the village in an automo
bile at sis that night and who an
hour later claimed to the county med
ical examiner summoned to dress
v ound in his leg that BARLEY had shot
him during quarrel in front OF
Burkes residence, was suspected as
soon as the body was located.
His formal arrest, however, did not
take place until two weeks later when
he had recovered from his wound suffi-
GENTLY to get out of doors and the
county officials had made thorough
investigation of all reports and the
cries.
Extensive liquor smuggling opera
lions across the Canadian border doz-
en- miles north of Jackman, in which
the two men had been engaged for Is
months, according to Burke's state
ments on the witness stand, involved
shortage Of two or three thousand dol
lars in his accounts as tax collector.
Bartleys notes which Burke said he
held to cover the amount OF his share
Of the loss when 240 cases of whiskey
were stolen, and which the states at
torneys claimed were forged, were Civ
en- as motive for taking Bartley's life.
BARLEY, the proprietor of a back
woods" hotel and lumber operator, was
considered a man of powerful influence
in the north country.
Burke had been employed by him
when he first went to Jackman from
Fairfield Is years ago and at times
since a. the Moose River house.
Burke had worked his way up from