Omaha daily bee., 1904-12-24
TWELVE MEN FAIL TO AGREE
Patterson Jury Makes Report to Judge
Davi, and is Discharged.
DEFENDANT MAY Be RELEASED
Panel Is Equally Divided on Question
of Guilt and Prospects of a Con-
vIctIon on Third Trial
Are Remote.

NEW YORK, Dec s3.-Following day |
of intense nervous strain, Nan Patterson !
tonight is in the Tombs i'll and perhaps |
on the verge OF a breakdown, but with |
constant attendance. The former show |
girl expecting acquittal at the hands OF
the jury which has listened TO the evil |
denco In her trial for the murder Of Caesar !
Young last June. went into the court this |
noon to learn that the twelve men chosen |
to decide as to her innocence or guilt had
been unable to reach an agreement in fact
had divided evenly over the question as to
whether or not she held the revolver which
ended Young's life.
The jury stood six to six, half for ac-
quittal the other for conviction Although
no official announcement was made further
than this, courthouse talk had 1t that OF
the six deciding against Miss Patterson
none was for conviction for murder in the
first degree; that one held out for murder
in the second degree, two for manslaughter
in the first degree and three for man
slaughter in the second degree.
Miss Patterson CoIIapses.
Immediately the announcement of the
verdict was made, Miss Patterson broke
into fit of weeping. which continued even
after she was led from the court room TO
another chamber where physicians were
called. Then she was taken to the Tombs,
! but she again wept and moaned and be-
came hysterical. and the efforts Of her
I father. the prison matron and attendants
1 TO quiet her were futile.
/ The demonstration in the court after the
announcement Of the decision was some
/ what remarkable, many pressing forward
/ to express sympathy for the young woman.
Abram Levy, chief counsel for Miss
+ Patterson, called on his client in the Tombs
/ late this afternoon and remained with her
| an hour. He was Ill in bed when the court
convened, but when he learned of the ac-
ton of the jury he went to the jail to
cheer his client.
THE girl is in a very bad mental condi-
! ton" he said after he left her "She is
almost constantly hysterical, but j don't
think she will collapse. l hope l left her
! in a somewhat better frame of mind. !, of
course, cannot tell what we will do for her
yet. The counsel for the defense will have
a consultation and will then do the best
we can for her. II the retrial is not right
away 1 am going to make a desperate ef-
fort to get bail for her. l will plead with
Mr.. Jerome to reduce the bail to $4,000, and
( / will be able, l think, to arrange for that
amount and thus let her have her freedom
while again awaiting the long, nerve-wreck-
ing ordeals she will have to face"
Only one BALLOT Taken.
Interest tonight centered in District At
torney Jerome's future action. He has not
said what he will do but II is intimated
that the way the jury stood may infiu nee
him as to a new trial. The jury took but
one ballot. according to the foreman, and
.l | dayotad 10 remainder of the time dis
cussion. From first TO last the division
was even. For twenty-four hours they dis
cussed the evidence and one juror is
quoted tonight as saying fve of those who
stood for acquittal tried on the coat which
| Young wore at the time OF his death and
with revolver attempted to demonstrate
that suicide was possible. The interest in
the case was so intense that the crowds
which had stood outside the court building
all the morning pursued Foreman Harmer
of the jury when he left the court after
the final adjournment He boarded a troll
ley, but men chased the car to his business
office and mounted police were called on to
disperse the throng.
Abram Levy tonight issued a statement.
in the course of which he said:
From our understanding of the law ap-
the material proofs which could be re-
garded as having any legal or logical re la
| lOn 10 tHe case, we Ielt COnlLenI IN At
the trial would result in the girl acquittal
and we are disappointed at the outcome
We are more convinced Than ever that
verdict of guilty never will be reached
in the case. Whether or not there is TO be
| third trial Is matter largely resting
| in the official judgment of the district at
torney, whose conclusion on that subject
necessarily will be affected by his legal
Judgment as TO the probability of convic-
tion. and his more purely official judgment
whether the county should be subjected 10
enormous expense; which another trial of
such a case entails.
i Defendant without Means.
After expressing his appreciation of the
work of Judge Davis and reviewing the
fact that there was no coroner's inquest
and that the defense did not have the
minutes of the grand jury which indicted
Miss Patterson, Mr.. Levy continued:
The defendant is wholly without means
When counsel assumed the defense of her
case 1t was with the understanding and
in the expectation that the defendant would
be sufficiently equipped with means, If not
meet the disbursements and actual ex1
Penses which were bound TO arise. This
ing the progress of the trial we did not
even have the stenographer's minutes OF
the testimony, but were obliged TO depend
through trial spreading over three weeks
Probably the most important witness for
the defense should have been Miss Blake
the telephone operator at the St Paul
hotel, who received the various messages
Mhlch the ueceaseu sent out that morning
secure her attendance al the trial and only
discovered her whereabouts in st. Louis
while the trial was in. progress.
There were many other embarrassments
from which the defendant suffered with re-
Which are well known to the public.
We feel confident now that in view OF
the wide publicity given to the case other
witnesses will come forward, II necessary,
to corroborate the defendants story In ali
its substantial details.
We question, however, II the district at
torney will move for third trial of this
I case.
The prosecuting attorney. Mr.. Rand
would not say what the further course OF