The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1926-02-10
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asked If any Of the jurors desired
% propound questions and sug-
aested that any who wished to do
so should speak through their fore
man. b. T. Hamm, one Of the
Jurors leaned forward IN his char
ana whispered to Upchurch
ssThe desire is that the mind be
clarified, said Upchurch, sas to
Wl1at the essential elements Of the
crime are.
Justice Explains
Justice Stafford explained that
the Government must first prove
that the death of Ben Sen WI, for
which Wan is being tried, was
"tlae result OF felonious killing
by somebody.
You must first be satisfied be-
yond a reasonable doubt" said the
Justice. That someone killed him
mot that the death was suicide
or accidental, but that he was kill
ed by someone, as charged in the
indictment. !"
Justice Stafford continued that
the Government must have proven
that the defendant committed the
Of the wicked and evil purpose OF
his heart because ne wanted to ac-s
compIish some unlawful purpose.
Up to that point. the speaker
explained, murder In the second
degree would be proven and moth
ing more. In order to prove first
degree murder, he said, the Gov
eminent must prove malice de-
fiberate and premeditated, and that
the Staying was not the result of
any sudden impulse.
In concluding, Justice Stafford
told the jurynen that it was their
duty to exhaust all Of their re-
sources before they would be in a,
position to report final decision
or disagreement. Yearly the jury
men arose and made their way back
to the guarded room on the floor
above.
Wan sat in-the courtroom with
the same immobile expression he
hSs worn throughout the seven
years he has spent under the
shadow OF this murder charge. His
brother, T. l. Van. sat outside the
courtroom unconcernedly working
mt a crossword puzzle, although
the pain CT the recent operation
had caused him to pass a slsepless
night.
Wan left the courthouse last night
at 10 o'clock. after the jury, unable
at that time to reach decision,
mad been locked up for the night.
he had expected speedy acquittal
las speedy. perhaps, as his con-
yiction in the first trial. when the
Jury was out only 1S minutes.
But yesterday the jury left the
courtroom at 3:15 o'clock, and went
TO room on the floor above. They
were led through the corridors by
United States Marshal e. c. Snyder
and Deputy Marshals Stephen CAL
lahan, Gustave Cerimele and w. j.
Mullen.
All yesterday Mr.. Callahan and
his assistants had kept the cubicles
adjoining the courtroom free from
congestion. to afford easy access
and egress to those who were actu-
ally concerned with the trial. This
crowd stood back in the corridors
YESTERDAY afternoon while the jury
walked out The winter afternoon
faded int night. but no sound came
rom the room above. The jury
went to dinner. and returned. The
curious ioungers in the halls slowly
drifted away, one by one, and they
came back. So flowed the tide of
the SPECTATORS throughout the night.
until announcement of continued
disagreement came and the jury was
locked up.
Wan himself seemed unperturbed
about the outcome. He chatte6
with those who took him back 70.
the jail, and this morning babe
goodbye TO the prisoners whom he
had served as a trusty. Wan had
been well liked at the jail, particu-
lariy in the south wing, where his
cell was located. and today he was
allowed to bid his friends adieu
There was no doubt in his mind.
apparently. that the jury would re.
turn an unfaYorabie verdict, or
that the IL men would eventually
be unable TO decide upon the CUES
ton OF guilt or innocence. Wan
left his luggage In the front Of
flee, just before he departed Tor
the courthouse.
Goodbye, everybody" be said.
IN be back this evening FOR my
clothes and things. You were all
very good TO me. / win not for.
get you"
-S> ~