Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1921-12-10
King Jury
Discharged
Men Trying Woman on Muir.
der Charge Said to Have
Stood 8 to 4 for
Acquittal.
She Must Stay in Jail

The jury in the Eva King mur-
der case failed TO agree and was
discharged at 4:50 yesterday alter
noon by Judge George w. Culli-
son in the district court at Council
Bluffs.
Although the court did not in
quire into the sentiment OF the jury,
it is known that the jurors were
eight to four for acquittal after the
first ballot, which was seven to five
for acquittal. 1t was also learned
that those voting for conviction
were asking only for manslaughter,
and every ballot after the first was
eight to four for acquittal.
Only five ballots were taken dur
ing the long period OF discussion,
extending from 6:45 Thursday eve
ming to 4:30 yesterday.
Judge Cullison was at the court
house during the greater part OF
the day, and about the middle OF the
afternoon the jury asked him for adj
ditional instructions. He was advised
upon the points in debate, but did
not disclose them and Immediately
sent word to the jury room that the
additional instructions would not be
given for the reason that every point
that could be involve had been full
" covered in the lengthy instruc-
tons already given.
Sat In Court All Day.
Mr.. and Mrs. Thompson Murray,
parents of Robert Murray, for whose
murder Mrs. King was tried, sat in
the empty court room all day await
ing the result Of the jury's action.
When the jurors filed into their
seats Judge Cullison asked them if
they had agreed upon verdict. A.
W. Tyler, foreman, arose and said
they had not.
DO you consider it impossible to
reach verdict" the court inquired
kindly.
Utterly impossible" he replied.
"The difference extends to extremes
and each side is very steadiast.'
Hess Is Absent
A delay of several minutes oc-
Cured while court bailiffs sought in
vain for ], J. Hess, counsel for Mrs
King. He could not be reached by
phone and the brief proceeding 5
went on without him.
Mrs. King, frail and wan. came
into court unattended Her mother,
who had been at her side as far as
permitted from the moment she ar
rived from Idaho Sunday night. was
somewhere trying to rest and re-
cover from the strain.
Mrs. Caroline Johnson, police ma
tron, was also not present, and Eva
King came over from the county jail
escorted by Deputy Sheriff Gilaspy.
She didn't know what awaited her,
and almost collapsed when she sank
into the chair she had SO long occu-
pied. She was entirely alone, not a
friend near her. and looked appeal
ingly toward those around her for
the sympathy she craved.
Brother kllled IN france. 8.
Mrs. Miller, the mother, was later
found. Thank God they didn't con-
denim my poor innocent child" she
sobbed as she sank into a chair. EVA
was not my only child. My son was
killed in France, and Eva's enemies
in America are worse than her broth
ers murderers of the battlefield. l
would rather she was sleeping with
him under the poppies in France than
have her stained and condemned be-
cause she was loyal to the man she
loved. l will stay here until next
term OF court and fight for her till
the last breath"
The case cannot be retired until
next term in February. Mrs. King is
not eligible to bail because of the
murder charge.
The case was started November 20.