San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-02-18
selected After Defense Had
Used All Peremptory
Challenges.
STUDY CASE so HOURS
Major Smiles After Dis
charge-ll Jurors
Shake His Hand.
Wichita Falls, Tex. Feb. 1.-THE

4 wichita Falls, Tex. Feb. 17--Ihe
lurv in the case of Maj. W. i. Culber-
lon' charged with the murder oil H.
d. lamar, photograph salesman, was
dismissed at 4 :35 D. m, today ai'er
celebrating exactly 90 hours
After the jury was discharged Ine
brennan stated that the first paiioI
AIKEN last Thursday afternoon stoou
Ieven for acquittal and five for con-
Fiction. Later one of the jurors lett
Inc ranks of those who held out Tor
conviction. i,
when a ballot was spread at 8
ltclock Friday afternoon the vote
fSSsnged TO eleven for acquittal and
Inc for conviction. Since that time
he foreman said, there was no
Ilhange.
N Msjor Culberson, who had been con-
|ltantly in attendance on the court,
4at facing the jury box when the
IIurymen filed in. Lines on his lore
Mead and those around his eyes grew
II eeper and more tense.
4, When the foreman stated that they
Stood eleven to one, faint smile APP
Reared on his face. He stroked his
MIN as he looked with confidence
Into the eyes of one of his counsel,
Ikho sat near him.
III Fifty In Court.
y Less than so men and not a wo-
lman were in the court room when the
lSury reported and was discharged.
N Mrs. Culberson had not been seen
In the courts since the close of the
argument Thursday afternoon.
II Eleven of the twelve jurors shook
Mic hand of the defendant just before
|lhey passed out of the court room.
! w. w. Humphrey, farmer, was the
|luror who hung the jury by ciinging
20 his first ballot. He was selected
Ihs the eleventh juror in the case and
,Nas taken after the defense had
Utilized all of its peremptory chal-
senges and had no choice in the mat
Ter of his selection.
Il The dismissal of the jury brought
10 u close one OF the most sensational
Masses in the history of local courts.
Nulberson, former officer of the
american expeditionary forces, and
prominent in military circles through
but the country, pleaded self defense
hnd invoked the "unwritten law"
Throughout his trial he endeavored
10 show that he shot the photograph
Lalesman in front of the lattcr's
|klacc Of employment on the morn
Bng of January s, when the latter
knade a movement with his hand as
u TO draw a pistol.
u The army officer had gone TO see
Namar to talk TO him concerning the
Formers domestic affairs, he said on
The stand.
II Witnesses were introduced to
saint the victim of the shooting as a
Rdespoiler. Others testified he had
been seen often visiting the apart
nent of Mrs. Culberson.
n "F'rame Up" State Says.
On the other hand, the state at
tempted to show that Lamar was in
E.ocent of any wrong-doing, and in
EIimated that be was the victim of
ltframe up" Eye-witnesses declared
that he made no movement as to
eirav- a pistol prior to the shooting.
h A police judge, who had tried Mrs.
(Culberson and Lamar, few days
Before the shooting, for vagrancy, told
Abe court that he had acquitted the
nwo when no evidence was intro
liuced to show their relations were
ZACH as to bear out the charges. Cu!-
tsrson's two daughters took the stand
and declared they we're present in
The room when Lamar called at their
nother's apartment.
VI Although Mrs. CulbersOn, known
here as "Major Thrift" for her ac-
ilivity during the war in selling War
Stamps, was present during
hnost Of the trial, she did not take
[|be stand.
NJ Shortly after Lamar was killed she
hsclared in an interview that her re-
nations with him were of purely a
business nature