Schley-Sumter-Lee County GaArchives News.....SECOND MISTRIAL IN CHILDERS CASE (1911) December 22, 1911
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Harris Hill http://www.genrecords.net/emailregistry/vols/00011.html#0002514 September 10, 2007, 7:25 am

The Schley County News December 22, 1911
SECOND MISTRIAL IN CHILDERS CASE
After the jury had remained out for more than two days and nights in a vain 
endeavor to reach a verdict, mistrial was finally declared in the Childers 
case yesterday afternoon about 2:30 o'clock by Judge Littlejohn.  

The announcement of the mistrial came as no surprise to the public, as such a 
result had naturally been forecasted and expected after the jury had failed to 
reach a verdict within a short time after it had taken the matter under 
consideration.  The surprise was that the jurors remained out so long when it 
seemed impossible practically from the beginning for them to agree upon a 
verdict.  

There were only a few people in the courtroom yesterday afternoon when the 
tired jurors filed in from the jury room to report that they were unable to 
reach a verdict.  Dr. T.M. Merritt, foreman of the jury, announced to the 
court that nine of the jurors stood in favor of conviction and three in favor 
of acquittal with no apparent possibility of the jurors being able to agree 
upon a verdict.

In thanking the members of the jury for their services, Judge Littlejohn 
acknowledged the difficulty of the duties they had been called upon to 
perform.  In recognition of their services, he announced that they would not 
be called upon to serve further and discharged them from any further 
obligations as jurors at this term of court.  It was with grateful 
appreciation that the jurors listened to the words of Judge Littlejohn and 
received their release from further duty.

It is reported, though not with authenticity, that upon the first ballot, five 
jurors stood in favor of conviction with recommendation to mercy, and three in 
favor of acquittal.  If this is true, it will be given that all the jurors 
that changed their minds favored conviction rather than acquittal, while only 
three willing to favor acquittal at all.  The sentiment of the jurors was even 
more decided in the second trial than in the first, when the jury stood 8 to 4 
in favor of conviction.  

The announcement of the sentiment among the jurors came as a surprise to many 
people, though it is only an indication of the overwhelming sentiment against 
the prisoner which has existed almost from the very day of the crime, and as 
such has undergone but very little change.  As noted by observant citizens 
yesterday the unfavorable sentiment among the jury of Lee county and that of 
Sumter county which have tried his case bodes no good lot for the prisoner at 
future trials as such sentiment soon becomes universally known.  It would seem 
that the action of the counsel for the defense in securing immediate trial was 
a mistake as public sentiment in Sumter county is fully as strong against 
Childers as that in Lee county.

It seems to be assured that the attorneys for Childers will not ask for bail 
for the defendant, though an application for bail was before Judge Littlejohn 
at the time when the change of venue was granted by the court.  It is 
problematical as to what Judge Littlejohn would do in the event an application 
for bail was filed.  It is believed however, that such an application would 
not be granted even if it were filed.  This phase of the case will be 
clarified completely only in the course of time.  

As has been stated already in the Times-Recorder, Childers will not receive 
another trial until the next term of Sumter Superior court, which convenes the 
latter part of May, 1912.  As the criminal docket will not be called until the 
last week of the session, the Childers case will not really come before the 
court until the first week in June.

As the securing of another jury here is practically assured, the case will 
remain in Sumter Superior court under the change of venue recently granted by 
Judge Littlejohn.
Americus Times-Recorder.



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