PAHis, Feb. 81. - A st range contingency arose here in tho trial of Charles A. Burnoct Cor the m arder of John Kirsch by whtoh he may get nis lite and liberty botore tho case is argucd or a verdict roturnod. After tho evidenco was all in, cóhstituting, umlor Missouri law, a complete trial, word cauie that the brother of one of tho jurors, Wood Roso, had diod. Koso was iiifcrniod and also told by the judge that while tho law provides for a ooBtinuancé in the case of the death of a wlfe or child it ilul not in the case of a brother. Nevertheless the law does not give a judge in the latter instance power to separate a jury nor power to holdit together. Therefore it Hes with Roso whother ho shall stay or go. In tha latter case the entire projeodmgs will be,nulliüed and Burnett set tn-e, as the case being legally complete he cannot be tried agaiu. Rose has aked lor time to decide and it has been given him. This is tho flrst instance of the kind in the state's history.