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and he told Mr. Hovser to tell the foreman simply to

continue their deliberations.

Juror Alma Wilcox was then called as a

witness. (Tr. 32-38). She testified that during the

deliberations one juror was debating about an instruc-

tion regarding a juror's right to use his own thoughts,

etc., and that it was determined then to write out a

question and send it to the judge; that the foreman

delivered the note to the bailiff; that when the first

note was sent, the jury stood 7- to- 5 for acquittal;

that when the last message was sent, they stood 9- to- 3

for conviction.

She testified that as to the first message

(Tr. 38-40), the foreman read it. (Note: Three wit-

nesses testified that the answer in both instances

was oral.) "He said to bear in mind the instructions

that we had received, and to vote accordingly." She

testified that she figured that inasmuch as they were

so close, that it was not up to her to hold her vote

back, and that she had to go with the majority.

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