for In ' JURORS IN BARTON CASE ARE UNABLE . TO REACH VERDICT Second. Trial Will Probably Be Held 'During Present ' ' ' Term. After deliberating four and one - half hours, a Jury in the Oregon county circuit, court at Alton reported It was unable o reach an agreement In the caw of. .Levi Barton, charged with first degree murder, and the Jurors were discharged at 8:30 o'clock yesterday afternoon by . Circuit Judge E. P. twirls. The vote of the Jury was aald to have been five for conviction - and seven for acquittal. The case waa placed in the handa of the jury at 1 o'clock, the foreman reporting the jurors were hopelessly deadlocked at a:o o ciork. ..' A seoond trial probably will be held during the present term of court, cither this month or In October, according to word received today from Prosecuting Attorney J. D. Wallace,: of Oregon county. In his closing statement to the Jury yesterday, Prosecuting Attorney Wallace aeked that a verdict of "first degree or nothing" be returned. "He either committed first degree murder or shot In self - defense." the prosecutor told the jury. .Barton's - plea waa self - defense. Barton shot and killed his brother - in - law. Prank Busby, on July 31, last, at the Busby home near Alton,' Mo. The two quarreled over the action of Mrs. Barton, Busby's sister, In bobbing her hair. It waa said. Barton Is said to have crltlelised his wife and Busby defended her. Barton contended ne waa ordered out of the Busby home at the point of a pistol and that be went to his automobile In front of the house and secured' a shotgun. Busby Is alleged to have then shot Barton In the leg. Barton then raised the shotgun and shot Busby through the heart, he told officers.