South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-01-16
WOMAN JUROR
TELLS COURT
mo CHANCE"
Other Members of jury Hope
full Verdict Can Yet
BE Reached.
Judge Reeve Holds Night Ses-
sion to Answer Question
of Adamant Juror.

Los ANGELES Jan. 15-T hu
jury In the case 81 Arthur C.. Burch.
charged with the murder Of j. Bel
ton Kennedy. was taken 20 dinner at
rs o'clock sunday evening. so hours
after the ten women and two men
composing it first retired to- the iury
room. Announcement was made that
the jury would. return for an eve
ming session about 7:30 b. m.
The Jury has made no attempt
Ito communicate with the court since
yesterday afternoon. when Judge
Sidney n. Reeve. presiding. ordered
them locked up until Monday morn
ing on several occasions women
voices raised Co a high pitch could
be heard in the jury room. Reports
current were that bauoting had gen
orally resulted nine 90 three. with
la majority adverse 90 the defendant.
Judge Reeve reached the court
room at S-12 p. m. and immediately
summoned the bailin 90 his cham
bers and instructed him 60 send for
Thomas Lee Woolwine. district att
torney. Tt was reported the Judge
planned 10 summon tie jury
Jury Ten Co Two"
Judge Reeve ordered the jury
brought into court He asked how
they stood. The foreman said:
Ten to two" without indicating
whether the majority favored con
victi0n or 8cquittal
SCI d I'D
jury whether there was chance for
reaching an agreement. A number
said there was, but one woman re-
piled that there was no chance
whatever"
The Judge then ordered tho court
locked up for the night. with in
.structons 10 resume deliberations Oh
Monday morning
Nevertheless, the jury returned 20
the room adjoining the couft 70
had the privilege of remaining there
until 10 o'clock.
Burch was brought into court when
the judge questioned the jury. His
smile was rather wan but he nod
ded to few acquaintance He
glanced briefly az Dist Atty Wool
wine and hastily turned away
The jury woman who said there
was no chance for an agreement Isl
a stenographer.
Jury Asks for Judge.
After ordering the jury locked up
the judge left the court room. q
short time later the jury called the
bailn and notified him &c wanted %
ask the judge for further instruc-
tious.
Dist Atty. Woolwine insisted that
the judge be sent FOR again and ef-
forts 10 locate him wcre made I'm
meIiately
Judge Reeve returned TO the court
room at $40 and instructed that
court stenosrapher be sent for. thus
giving the impression be would sum-
mon the jurors.
Asks Information
The court stenOg-apher arrived a.
I0-f5 and Immediately afterwari
the jury was summoned To the court
room and Burch was brought back
from the Jail
The woman juror who previously
bad told the judge she thought
there was no chance whatever" Of
an agreement. asked him 10 define
the term reponderance Of ev-
dence" which ne had used iD his in
structions In connection with Burch's
insanity plea
While the jury remained In the
box the Judge on the bench ar 1915
70. m. was looking up authorities.
preparatory 20 making a statement
in ~sply 20 the jun woman's ques-
ton.
Burch when brought back 10 sns
courtroom. studied the faces OF the
jury long and intcutly as he passed
the box
The Judge told the jurywornan
that "preponderance Of evidence" in
connection with the insanity plea
meant evidence Of the greatest
credibILty." and added the jury must
consider aU OF the evidence In tho
case in determining the matter Of
insanity.
The jury retired 20 its room again
az 1880.
Shortly after retiring % the july
room the jurors left for chelr hotel
90 pass the night.