Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-11-05
TANCLE IN MURDER
CASE SPLITS JURY:
NEW TRIAL SLATED
Wilkens, Accused of Conspir-
acy in Wife Murder,
Disappointed.

San Francisco, Nov 4.-The jury
trying Henry wilkins, garage manager,
on a charge of wife murder, was called
into court and discharged at 4:45 p. m.
Saturday after failing to agree on a
verdict in % hours deliberation.
Howard c. Tibbets, foreman, said
that eleven ballots had been taken. The
first, he said was Z to 5. for acquittal.
The remaining 10 were 8 to g.
The court, after Tibbett's report,
asked opposing counsel if they wished
to have the jury deliberate further.
After q brief argument, both sides
agreed that it should be discharged.
The jurors and spectators then left
the courtroom and the defendant was
taken back 10 the county Jail.
The case was set for next Friday
to be reset for trial
The three women on the jury voted
throughout for acquittal. we felt
that the prosecution did not prove its
case" Mrs. Kathlyn Mckee, one of the
three, explained.
Feels Sure of Acquittal
Wilkins expressed his disappoint-
ment but said that he felt sure that
the next trial would mean acquittal"
The killing of three persons who
figured in the investigation Of Mrs.
Annie Wilkens' death furnished Il
tragic prelude to the trial Of Wilkens.
Walter Castor, said by the prosecu-
ton to have conspired with Nilkens TO
slay Mrs. Wilkens, shot and killed his
sister-in-law. Mrs. Robert Castor, who
he apparently suspected of having be-
trayed him, and Detective Sergeant
Timothy J. Bailly. Castor then COM
- l.
place in the home of Castor's mother.
Mrs. Minnie Castor, when Sergeant
Bailly and Police Petective Ernest Ga
Bile attempted to arrest Castor, who
for six weeks had eIuded pursuers.
Gable, too, was shot but has since
recovered.
Mrs wilkins. the mother of two
young children, was shot to death on
the evening of May 80. An automobile
containing three men, said to have been
bandits. crowded the wilkins car to
the curb Of street in a residence sec
ton. wilkins said he handed over
three one hundred dollar bills but
reached for his revolver in door
pocket Of his car when the highwaymen
demanded Mrs. Wilkins jewelry One
Of the bandits then shot Mrs. Wilkens,
her husband said.
Cast0rs Re-arrested
Walter Castor and his brother. Ar
thur. were taken into custody, and, the
police said, three one hundred dollar
bills were found in their possession
When Wilkens confronted the pair,
however, he denied ever having seen
them.
The Castor brothers were released.
but were re-arretsed when it appeared
they had been on intimate terms with
Wilkens, Arthur Castor later made a
statement duplicating Wilkens in the
alleged conspiracy.
Mrs. Wilkens, it also became known.
had sued for divorce on grounds of
cruelty.
An unusual feature Of this case is
that it was one of the few big Fecent
criminal trials in San Francisco in
which the jury was not locked up
Jurymen said they heard discussion of
the case going on around them at vari-
Gus times during the progress of the
trial, but that it had no effect on them
and that the method Of the jury in
deliberating was first to eliminate all
immaterial features and then attempt
to solve the cardinal points