Saturday, November 23, 2019

Jury Unable to Decide Guilt or Innocence of Charles Lacey, Nov. 21, 1919

From The Wilmington Dispatch, Nov. 21, 1919

Jury Still Out In Lacey’s Case. . . Reported to Court at Noon That They Could Not Agree

At 2:30 o’clock this afternoon the case of Charles Lacey, charged with murder, was pronounced a mistrial, the jurors were dismissed and federal court adjourned sine die. The case had been in the hands of the jury for 27 hours.

Shortly after 12 o’clock today the jury in district court for the eastern district of North Carolina, now in session here, reported to Judge Henry G. Connor, presiding, that the members of that jury saw no possibility of their being able to agree on a verdict in the case of Charles Lacey, charged with murder.
After hearing this communications, Judge Allen ordered the jury to again retire, declaring that he saw no reason why 12 sensible jurors could not agree in a case of this nature. He then gave instructions to have the defendant brought back to the court room at 2:30 o’clock this afternoon in anticipation that a verdict might have been reached by the hour mentioned. While that fact could not be established beyond mere hearsay, it was declared that the jury now stands at 10 for acquittal and two for conviction, after having formerly stood seven for acquittal and five for conviction.

This has been one of the longest drawn out and hardest fought cases tried at the present term of district court. The case was in the hands of the jury at 11:45 o’clock yesterday and it was then expected that a verdict might be returned some time Thursday afternoon. Thursday night shortly before midnight, when no verdict had been returned, Judge Connor ordered that quarters be secured for the jurors at a local hotel and they spent the night there. This morning at 10 o’clock they were reassembled, at which time they again entered the jury room. About 11 o’clock this morning they asked to appear before the judge and requested that official to again quote to them the law which applies to a matter of reasonable doubt being entertained as to the guilt of the accused party. This section of the law was read and explained to them by the court and the jury again retired. When the hour for the noon recess arrived, no agreement had been reached and Judge Connor declared that the case would be heard further at 2:30 o’clock.

Lacey is a negro and was first-mate on board the William H. Summer, at which time Capt. Robie E. Corkum, in command of the vessel, was shot and killed. The ship went aground off Topsail Inlet, these events taking place on September 7.

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