New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-24
THE JURY FAILS TO AGREE
VOTES STAND 8 TO 9.
None Fau0r Murder COnUiction-
hiss Patterson T1cice CoIlapses.

After the surv had deIiberated for more than
trenty-four hours. the second trial OF MISS
Nan Randolph Patterson on the charge OF
Tnarderfng Cesar Young resulted in disagree
ment Not one juror. the foreman said, favored
oonyicting the woman of murder in the first de-
gree but six were for acquittaI and six for hno-
ing her guilty OF manslaughter. As declared IN
The Tribune yesterday. It is doubtful il there is
a third trial
Before the jurors announced yesterday that
they could not arrive at verdict District At
torney Jerome said:
IN the event Of a disagreement will take
steps 10 see how the jury stood. II It was the
predominant view Of the jury that she was not
guilty. there is & possibility that she VIII not be
sried again"
The prisoners friends and counsel are strain
ing every energy 10 get the actress out Of the
Tornbs on bail. that she may spend Christmas
with her mother. who is seriously H. Her coun-
sci are trying 70 induce Nr. Jerome 10 accept
bond IN $1,000 for Miss Patterson
The prisoner is seriously i'll herself in her
Tonbs cell When the jurors arose 10 look on
her, according 10 the formal demand Of the
court. she faced them without hinching She
stiH looked, dazed and stunned, when the fore
man announced their disagreement. but bore
up brayely until Justice Davis rernanded her to
the Tombs. When Deputy Sheriff Kelley took
her by the arm to lead her back she collapsed.
Her father held her both sobbing violently. until
the corridor was reached. There she tainted
snd was saved from falling TO the floor by the
deputy sheriff. Matron Seery Of the Tonbs.
came with restoratives. and when the prisoner
had recovered she was led over the Bridge Of
Signs to the Tonlbs. collapsing half way across.
She was carried 70 her cell, where she was again
restored 10 consciousness. Two women have
since then been constantly attending her. Last
night al the Tombs II was declared that she
was somewhat better.
Abraham Levy. chief counsel tor Miss Patter-
son. said last night that he was greatly disap-
pointed over the outcome Of the case. as all had
expected an acquittal He said further, In part:
We are more convinced than ever that q
DICT Of guilty never will be reached in the case.
Whether or not there IS 10 be e third trial IS a
matter largely resting IN the official judgment or
the District Attorney, whose conclusion on that
subject necessarily VIII be affected by his legal
Judgment as 10 the pToba btity Of conviction.
and his more purely official judgment whether
or not the county should be subjected TO The
enormous expense which another trial OF such
case entails.
Mr.. Levy praised Justice Davis for his con-
duct Of the trial. He went on 10 say that Miss
Patterson was at disadvantage. because there
was no coroners inquest. and he added:
Probably the most important witness for the
defence should have been Miss Blake. the tele-
phone operator at the St Paul Hotel. who re-
Cefved the various messages which the de-
ceased sent that morning The prosecution
sought 10 have the jury infer that the meeting
between the defendant and the deceased that
morning WAS not due exclusively 10 the i'm
pulses and solicitations Of Caesar" Young. but
was the result Of some understanding had be-
tween them the night before. AS the defendant
only received those messages at second hand
she could not give their full import 10 the jury.
But Miss Blake remembered clearly the mes
sages which sent, the tenor Of which de-
Inonstrated that the defendant had no thought
Of again meeting the deceased that day.
But we were entirely without means to secure
her attendance Al the trial and only discovered
her whereabouts in ST Louis while the trial was
IN progress.
We are credibly Informed that Mrs. Young
always carried a revolver and Il has been stated
that when Caesar Young's baggage was returned
from Europe the customs inspectors found
cartridge among his effects.
Il was 11.35 O'Clock yesterday morning when
Justice Davis summoned the jury. The fore
man said there was a slight possibility Of an
agreement and Justice Davis asked them TO re-
tire again When they returned again they had
been out altogether twenty-four hours and TWEEN
~ minutes. When the foreman announced the
disagreement Justice Davis said slowly:
think that all that could be expected Of you
IN this case. gentlemen, has been done. You
have remained together longer than IS usually
required Do you sim think there IS a posi-
bility OF your agreeing on a verdict?
The foreman replied IN the negative, and JUS
LCe Davis dismissed the jury.
District Attorney jerome last night, when
asked what action he intended 10 take in the
case, said 4 have declined TO make any state
ment about the case 10 any one az present and
] cannot change my decision"
Washington. Dec. 23.-Mrs Patterson, mother
If Nan Patterson, who has been on the verge
Of collapse since the jury retired yesterday. was
somewhat revived by the news OF disagreement
Of the jury. now that her daughter is not
directly under the shadow Of conviction. A
brother Of the actress said to-day that the out
come was not what had been expected. He ex-
pressed his belief IN her innocence.
oVERCOAT JUDGMENT AFFIRMED.