The Hartford republican. (Hartford, Ky.) 18??-1926, 1922-09-29
VOL. xXXv
Jury DISAGREES
IN BROWN CASE
Nine For Acquittal, Three
For Light Term; Large
Attendance.

Inc only jury CdoV p'NN
the present week has been that OF
Commonwealth of Kentucky VS.. H.
y. Brown, accused of murder grow
ing out of the killing of J. Il. Col
burn at Smallhous. last May. the
case was set specially for Monday
september 25th and attorneys re-
presenting the Commonwealth and
the defendant as well. had put forth
special effort to have all the wit
nesses present so that a trial could
be entered into promptly on the con-
vening of ,court. notwithstanding
the efforts of counsel for the de-
PENDANT, when the list Of his wilt
nesses were called, It developed that
fifteen important witnesses were abb
ssnt and under the law governing
such matters the only course he
could pursue was to prepare an az
fadavit as to what such absent wit
nesses would testify II present,
which was done, and the Common
wealth. by its attorneys. having
agreed to admit the affidavit as to
the statements OF absent witnesses
the court required the trial to pro-
csed. 1t required only short while
. to procure jury qualified. to set
in the trial Of the case and about 3
O'Clock p. m. Monday. a statement
'of the case TO the jury was made by
County Attorney. Otto G. Martin.
Evidence on behalf OF the Common
wealth consumed the remainder of
the day and up until 10 o'clock
Tuesday. at which time. c. +. Smith.
one of defendants counsel, stated
the case In his behalf TO the jury and
the defendant was called to the wit
ness stand. his evidence not having
been completed until the Noon hour
arrived. The greater portion of the
defendants evidence was produced
in the afternoon OF Tuesday and the
argument OF the case by Attorney, w.
II. Barnes. on behalf OF the defend
ant, was had on Wednesday fore
noon. The concluding argument on
behalf OF the Commonwealth by Hon.
G. IL. Cary, Commonwealth Attor-
ney, was concluded about 3 o'clock
p. m. Wednesday at which time the
case was submitted to the jury and
no agreement having been reached
at the adjourDing hour Wednesday
afternoon, the jury was required to
assemble after supper for further
deliberation and no verdict having
been reached during the evening,
they were placed In the custody of
the Sheriff for the evening and up
on the converting OF court yesterday
morning, resumed their deliberation
aud at IL O'Clock, reported to the
court that they were unable to
agree and were thereupon discharg-
ed. The jury stood finally. nine in
favor of acquitting the defendant
and three in favor of giving him the
minimum sentence OF two years in
the penitentiary. and we learn that
these three, were willing, IL they
could have done so. to have given |
him even lighter punishment than
this.
The jury was composed of the
County's bsst citizens as follows;
o. r. Tinsley. Ira Wallace, viii Hin
ton, r. A. Bennett, Barnett Tinsley,
Lunie Naples w. S. Howard, Arch
Johnson. e. j. Hudson. J.. w. Mil
Ter, Jesse Swope and j. W. Gray. AL, |
though the jury made all reasonable
effort to reach verdict, they were
unable to do so and were discharg-
led by the court at the hour before
stated, probably as much on account
OF the illness of one Of the Jurors. as
ON account of their failure to agree,
as the court. when dischargng the
jury, indicated that had II not been
for the illness OF Mr.. Hudson, he
would have permitted them to have
deliberated during the remainder OF
the day, at least,
Immediately upon the discharge
OF the jury, the defendant Brown.
by his counsel, moved the court to
reduce his bail bond and the court
without objection, reduced his bail
bond from the sum of 100000 to
ss,000.00, which he thereupon. gave
with the following well known citi-
zens from the western part of the
county, as his sureties. viz: w. S.
Brown. II. C. Brown, II. j Brown.
W. Il. Smith. o. C. Cox. Fred Boone, ,