Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-20
JURY IS DISCHARGED
Unable to Agree in Gassen
heimer Case.
SENSATIONAL EPISODE
ELEVEN JURORS WRITE COM
MUNIcATIoN TO COURT.
Formal Statement of Troubles Ex-
perienced in Jury Room-Judge
Wright's Review of Case.

After being '1ocked up" since 30
o'clock am last Friday, the jury in the
case of Samuel Gassenheimer, tried on the
charge of receiving tickets embezzled from
the Baltimore and Ohio Railroad Company.
knowing them to have been embezzled, was
discharged from further consideration of
the case at 1920 o'clock this morning. The
Gassenheimer case was passed for the time
being, and Joseph F. Anderson, the juror
who failed to agree with his eleven asso-
ciates, was excused from further service
on the panel of the court The case has
been twice tried. and the result of each
hearing was the failure of the jury to
agree.
The discharge of the jury this morning
from further consideration of the Gassen-
heimer case was somewhat sensational
Justice Wright at 1925 o'clock yesterday
afternoon, was handed the following COM
munication from eleven of the Jurors:
we, the undersigned eleven. jurors. DELHI
Grating in the jury room Of Criminal Court
NO. l. do hereby make affidavit and do
swear under oath that the following Is
true. to-wit:
'At twenty minutes to three. after re-
ceiving the last instructions from Judge
Wright, in Criminal Court No. l, relative to
a verdict in the case of U. s. against
Samuel Gassenheimer, indicted for receiy-
ing embeZzled goods, knowing them to be
embezzled We do hereby swear to the fol-
lowing:
Questions and Answers.
'To-wit: On returning for the purpose of
elaboration to the jury room Scott E.
Grant asked the following questions of
Juror Anderson:
Question by Grant-Do you believe
Barnes was a conductor, and that Gassen-
heimer knew Barnes was conductor?
Answer by Anderson-Yes, l certainly
do.
Question by Grant-How do you believe
that Gassenheimer came by these tickets.
knowing that Barnes was conductor IL
he (Gassenheimer) did not believe that
Barnes had embezzled them?
AT this point Anderson refused to an
swer. got up from the table and absolutely
refused to be further interviewed, although
warned by the foreman that the judges
instructions were very distinct and easy to
be understood upon this point.
Signatures of eleven jurors who do here
by swear so help us God, that the fore
going is true. and absolutely true.
James E. Alexander, H. r. Clum, B. B.
Merryman, Scott E. Grant, Carl Krumke, l..
Johnson Fletcher, Peter ]. May. VIM. M.
Weaver, John Scroggins. H. T. Farmer.
Robert w. Scholl. foreman"
Jury Summoned.
Immediately after Criminal Court No.
had been formally opened this morning
Justice Wright directed that the jury in
the Gassenheimer case be summoned.
When the twelve men, unshaven and
looking gaunt and haggard, had taken
their chairs Justice Wright announced
that in view of the communication he had
received late yesterday, which, incident
ally, he had ordered filed as public docu-
ment he did not feel disposed to subject
the eleven jurors who had signed 1t to
further confinement against their judy
ment. The court added that he would
leave the matter to those eleven jurors
Should they be of the opinion that the
interests of justice and the unfolding Of
the supremacy of the law demanded
further elaboration on their part they
would be sent back to the jury room, but
would discharge the jury.
Foreman Scholl arose and explained
that he could reply for the other jurors
and without further conference with
them. 1t was utterly impossible, he de-
clared, without using force, to win over
the twelfth juror.
I'VE haven't made any progress since
to us last Friday" the foreman added
"One of the jurors won't obey the in.
structions of the court"
Justice Wright then remarked that the
communication he had received might
Justify the court in resorting to extremes
but he had in mind that freedom which
should characterize the deliberations of
turies Continuing, Justice Wright said
he did not desire even a suspicion to get
abroad that the court interfered with the
jurys deliberations. He took into ac-
count that occasions such as the one
under discussion were rare indeed.
The Courts Conclusions.
In conclusion the court stated:
IF member Of this jury has violated his
oath, he must answer for it at the bar of
public opinion In the interest of justice.
however, 1 direct that Juror Anderson be
discharged forthwith from further service
on the panel of this court"
In view of the vacancy thus created and
the necessity of filling the vacancy on the
panel. recess In the case of James M. A.
Watson, for one hour, was ordered, and the
marshal directed to summon three talesmen
| in the meantime.
The Gassenheimer jury. shortly before 8
o'clock yesterday afternoon, filed into court
| and made plain that eleven of the number
were in favor of conviction, while one man
| held out for acquittal. Foreman Scholl i'm
pressively Informed the court that the one
man in question, who, 1t soon appeared.
| was Juror Anderson, had been approached
singly, doubly, by threes, fours and fives.
and chased around the room, but he abso-
lutely refused to discuss the case with his
| fellow jurors, stating that he had formed
an opinion.
Instructions Read.
Justice Wright again read to the jury the
| instructions covering the duty of jurors in
| the minority, in respect to paying heed to
| the counsel of their fellows Among other
| things the court said that he had duty to
| perform, and it required him to keep the
| Jury in elaboration until 1t was certain that
| there was some legitimate reason why an
| agreement could not be reached.
Just before the jury was again sent back
| to its room Juror Anderson arose and said:
| II have been banded
He was interrupted by the court, who de-
| clined to hear anything further.
haIf N
| court received the communication signed by
| eleven of the jurors. Nothing fureAer oc-
| Cured until the proceedings in court this
morning.
REFERRED TO COUNSEL.