Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1921-02-05
JURY DISMISSED,
STANDING II TO /.
WINES to Be Tried Again in
April-Sole Juror for Con-
viction Uncle of Guard

Harlan, Ky, FEB 5-Never having
been able to reach a decision, the jury
trying the case of DR.. H. C .Winnes,
charged with the murder on Septem-
ber 7th, of Miss Lura Parsons, a
teacher in the Pine Mountain Settle
ment School, was dismissed by Circuit
Judge w. T. Davis, Friday afternoon
at 2:10 o'clock.
Dr.. WinneS was released on $1,000
bond, reduced from $4,000 which was
demanded before the trial He, with
his wife and daughters, who were
with him during the entire trial, left
for Cincinnati, declaring he was sorry
he had to come back, but that he was
confident he will be acquitted at the
April term of the Harlan circuit court
when another trial will be held.
Judge Davis called the jury in ear
lier and talked with the members for
half an hour urging they come to
decision. Members of the jury de-
clared it was not possible for decis-
ION to be reached as the body was
hopelessly hung, eleven for acquittal
and one for conviction. Judge Davis
sent the jury back to its room with
instructions to make one more effort
to reach an agreement. This was the
second time since the jury took the
case that it was addressed in this ten
OF by Judge Davis.
That the jury had stood as il was
at the time Of dismissal, eleven for
acquittal and one for conviction, was
5he statement of foreman, G.. A.
Smith, after the jurors had been dis
missed. That the Indictment against
Dr.. Winnes be dismissed, was asked
by Judge Hall, counsel for the de-
Sense, immediately following the dis
nissal. A. Floyd Byrd, of Lexington,
special attorney retained for the pros
>cution, entered an objection and the
Ease was continued to the next term
f circuit court, being docketed for
April 15.
1t developed following dismissal OF
:he jury, that during the morning,
Nose Brewer, the juror who had cor
9istently held out for conviction, be-
came angry when fellow jurors at
tempted to argue with him and Dire
l knife.
He was disarned before any o,lo
as wounded. Henry Creech, a neph-
ew of Mr.. Brewers, was, it is said. ?
guard at the convict camp near Dill
lon.
A deputy sheriff burst into the
room and stopped the alteration af-
ter the noise was heard outside.
The court has just finished caution
ng the jurors against allowing per-
sonal feeling to enter into their de-
iberations. The i'll feeling, it was
said, was considered in dismissal of
She jury.
d. G. Jones, counsel for DR.. Win
mes, said after the trial that he will
,ry to prove that one of the jurors
stated that he went on the jury for
the purpose of hanging Winnes. He
stated further that he will ask the
governor for an investigation of the
prison camps.
Brewer, who held out for conviction
against the other eleven members of
the jury, said that Winnes' conversa-
tion in coming over the mountain
was what fixed him in his mind as the
guilty man.
The jury trying DR.. Winnes served
for more than SS hours continuously,
receiving the case at 10 o'clock Mon
day night and not being dismissed un-
til 2 p. m. Friday. Four times the
body reported to Judge Davis that it
was unable to reach a verdict and de-
sired to be dismissed, but he refused
Throughout the case he insisted on
decision, urging on the jurors the i'm
portance Of verdict.
C. A. Smith, a banker of Evarts,
KY, who was elected foreman of the
jury, reported to the court that on
the first ballot Monday night they
stood 10 to for acquittal. On the
they stood II to 1 and remained that
way since.
The first act of the jury OH retiring
to consider the evidence was to bow
their heads in prayer. Mr.. Smith
said, and ask Divine guidance in
reaching conclusion.
Moses Brewer, the aged juror hold
ing out for conviction, consistently
refused to enter into any discussion of
the evidence, Foreman Smith said,
and during the last two or three days
had little to say to the other jurors.
Brewer left the court house with
Mrs. Ethel Zande, head of the Pine
Mountain Settlement School, who aid
ed the prosecution.