Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-10
Haggard Faces Give Evil
dence of Long Struggle to
Agree on Verdict.
PRISONER ANXlOUSLY
TRIES TO READ EYES
Instructions Are Repeated Before
Talesmen Return to Continue
Efforts at Agreement.

The fate of Ziang Sun Wan. charged
with first-degree murder of Ben Sen
WI at the Chinese Educational Mis-
sion here January %. 1919, was still
in the hands of the jury at o'clock
this afternoon, more than 221z hours
after il received the case from Justice
Stafford yesterday afternoon.
Positive evidence that the jury mad
battled many hours for and against
the life of the 31-year-old Chinese
was given the courtroom at 1l:07
o clock this morning, when the Il
men filed into the jury box and,
through their foreman. w. ". Up
church, timekeeper at the Washing
ton Terminal Co, asked that the
prayers of the defense and the prose
cution again be read TO them.
The faces of the u men were drawn
and haggard: their eyes were blood
shot and they walked with slow, de-
liberate steps. They took their places
and Wan was brought to his chair
by c. Ceremile. the deputy marshal
assigned to him
Instructions Reread
Mr.. Foreman. have the jury de
Stafford
We have not, your honor" replied
Foreman Upchurch. The jury desires
that the prayers of the defense s
well a the prosecution be read.
Justice Stafford then read the "a in
struCtions. II asked by each side, on
what TO consider in arriving at de
cision. The jury sat motionless, with
their eyes fastened on the court. Wan
constantly shifted his eyes from the
bench to the jury, frequently running
them up and down the L serious
faces, looking for a sign of hope or
disCoura gment. At the conclusion of
the reading Justice Stafford added
that i was the duty of the jurors to
exhaust their resources in an effort to
agree honestly on verdict. When
YOU have exhausted your resources,
the court is justified in discharging
you. and not BEFORE Justice Stafford
declared
Foreman Upchurch then was asked
to present questions the individual
members might wish to ask. B. !.
Hamm whispered to Mr.. Upchurch
and the latter asked this question:
The desire is that the mind he clari-
fed as to what the essential ele-
ments are?"
Taking up the Indictment Justice
Stafford said: The essential
things which the Government is
bound to prove are these: That the
death of Ben Sen WI was the result
of the felonious killing by somebody.
You must first be satisfied beyond
reasonable doubt that somebody
killed him-that ii was not suicide
or accidental, but some one killed
him. If any reasonable doubt arises,
the first step will not be taken
If YOU are satisfied that the Gov
ernment has satisfied YOU that the
defendant did it, in the way describ-
ed in the Indictment. that he did it
Intentionally and purposely.
The next thing that the Govern
ment is bound to prove is that it was
done maliCiously. not because he hated
him. but out of the wicked and evil
purpose of his heart because he want
ed to accomplish some purpose that
was unlawful Up to that point would
be murder in the second degree.
In order 10 prove guilt of murder
in the first degree, the Government
would have to satisfy you beyond
reasonable doubt that this malice was
deliberate and premeditated and was
not the result of any sudden impulse.
These are essential elements of the
crime
Locked Up Again.
The jury returned to its room on
the second floor at 1855 o'clock and
Wan was returned TO his cell on the
floor below.
The court did not convene until 1922
a M, at which time the transaction of
other business began. 1t is under
stood some word was sent to the jury
by the court regarding any instruc-
tions they might want a short time
later. The members We're taken to
breakfast about SIS o'clock, and re-
turned to continue their deliberations
about ais am.
A large crowd of spectators gathered
about the entrance of Criminal Di-
vision nearly an hour before the
doors We're opened, and when all the
seats had been filed. many persons
were left standing in the corridors.
They milled about the halls. some 60
ing to the rear of the room to get
glimpses of Wan as he was taken
from his cell, and also to see the
jurors. After the jury left the court
room. the routine business again was
taken up.
Took Case at 3:12.
The Jury received the case yester-
day afternoon at 312 o'clock, or l
hour and 10 minutes after Justice
Stafford began his charge. The II
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