The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-05
VOTE, 5 TO 4 FOR ACQUITTAL,
According TO SEVERAL or THE
NAN PATTERSON JURYMEN.

That Nan Patterson will not be tried a
third time for the murder Of CRsar Young
no one in the District Attorneys Office
was authorized TO say yesterday and Mr..
Jerome, who was at Albany, let Il be under
stood that he will have to go over the case
with Mr.. Rand before he announces any
conclusion The general impression Is
flat tho prisoner will shortly be released
on nominal hail OF on her own recognizanco.
Her cour -cl has no doubt Of II, he says.
DIVIDED EIGHT To FOUR.
All the rimors from the jury room about
the vote were apparently wrong. Anarbi-
trary device cf cross for conviction and
two parallel lines for cquittal is said TO have
leen used on the paper ballots. and when
the Jury was reported 10 stand eight TO four
for conviction. il stood, according TO several
Of the jurymen, eight to four for acquittal.
That the eight to four was in favor Of CON
viction was current in the courthouse soon
after the Jury had vncatcd their room TO go
out 10 dinner, and Assistant District Attor-
noy Garyan said yesterday that his infor-
nation was that that was the final vote
But an army Of reporters pursued the
several jurymen yesterday, and came back
with only one return-the majority vote
for acquttal The vote according 10 the
urymen, stood that way on both the two
last ballots
Only three ballots we're taken. Mr..
Rand's theory that Young could not have
committed suicide was not assented 70 by
q majority of the jurors. They put loungs
coat on a Juror and gave him the pistol TO
try with and concluded that II was possible
for Young to have shot himself.
None OF the jurymen was for murder in
tie first degree, and the four that held out
TO the last for conviction we're tor man.
slaughter No effort on the part Of the eight
who finally agreed upon her acquittal could
persuade these four that she had not com
initted a crime and after three formal bal
lots and long argument the jury decdeo
10 give II up.
FIRST BALLOT SEVEN TO FIVE.
Before leaving the jury room TO report their
disagreement the jurymen decided among
Themselves not TO say word about their
deliberations. The various reports regard
ing these, some having the vote IL TO
1 for conviction, moved several yesterday
10 correct this impression by announcing
that the vote was 20 to acqult
The four who are supposed 70 have held
out for mAnslaughter are Jurors Gold,
stone. Barney, Lueder and Martin. Lowell
NJ Aldrich, the foreman, stood for ac-
quittsl from first 20 last.
lhe version Of thu alloting derived from
several ju ymt n 5 10 this a ct:
The first ballot was taken about 80
IN the afternoon, shortlY after the jury hal
left the court room. II was only on the
question sacquittal or conviction the
degree Of crime IN case OF conviction TO be
determined upon later. There were two
reports Yesterday as TO how this FIST vote
stood. One had it 8 to 9: The other seven
for acquittal. Shortly after the jury had
vacated the room TO go to lunch the report
was that they had divided. 70 5, but with
a majority for conviction.
Those who are said TO have voted Tor
acauittal were Foreman Adrich and Jurors
YAH, Tinsley, Lynn. Niebuhr, May and
Murphy. Another report Is that Juror May
was at first for conviction.
IL became apparent from the first that
the sentiment was unanimous against the
extreme penalty, but a number Of the jury
men believe that the girl had fred the
eliot and that suicide was an impossible
theory. 80
FCUR KxPERISdENTNo WITH THE PISTOL.
On the second ballet Juror John H.
Sprint, il was said yesterday, changed his
vote and voted for acquittal. The jury
sent out for the pistol and Young's coat
and waist coat. These garments one OF
eel alongside Of each other to represent the
cab seat, and the juryman with the coat
and waistcoat on sat on I he right OF another
iurymAn. The bullet holes in the garments
were arranged to coincide and the jurors
who were for acauittal tried to show that
Young could have shot himself. The
four didn't see It. and another ballot taken
after the jurymen had gone showed the
same result. According to report, the
eight for acquittal were unanimous In
holding that Young was a suicide.
L hope I'm never called to serve on
Jury again" said one Of the twelve yester-
day 1--WE had all / wanted
PRISONER SEES ONLY HER LAWYER.
The chorus girl slept in her cell in the
Toubs until 5 O'Clock yesterday after
noon. Then she had light lunch. Mr..
Levy had a short talk with her, but she re-
fused TO see any one else:
when | saw her" said Mr.. Levy, she
simply leaned over and kissed my hand;
OF oourse. she has been under an awful
strain, All along she had felt that she
would be acquitt ed
EARLY MORNING CLOSE OF TRIAL
The scene Of the second Nan Patterson
trial stands out unique In the history Of the
Criminal Court Building. The jury had been
out for thi teen hours. II WAS 40 O'Clock
IA the morning, too late for the news 70 reach
those readers Of THE Sun who are supplied
by the early newspaper trains. for hours
there had been laughing, talking and story
telling Suddenly oil 6ecame quiet the
and worn, walked out Of the jury room. they
carried their o. ats and hats.
They've agreed on going home, anyway.
said the wise Cnes.
prisoner, was net at the bar. Where was she?
I've vcne asked as the Recorder entered.
he TOO. wanted 10 know and he soon found
OFT. She was in bed reported 20 lie too sick
10 be brought from the Tennis
Produce her at the barl' said the Recorder,
without a glance at the jury. A court officer
and a deputy sheriff hurried out. The Re-
so-cer sal absolutely still; every one else in
the roc m fdRcted. After ten minutes a door
in the back Of the court room cpened. The
girl In black who came through shufied with
great effort TO the bar. A court attendant
Ted her as she staggered against the gate 10
he counsers table.
The Recorder had been informed that the
fury corld notagree, and he asked II there
Vas any doubt as 70 the law or the evidence.
The fofeman said he thought not, but he
could only speak for himself. With more
power in the Recorders voice than has been
hoard In wears they we're told to go back
and find out II there wasn't a possibility
that they might agree, or II there was any
thing in the evidence that they didn't UNI
derstand. .
With an effort that seemed TO uso up all
her strength Nan Patterson dragged ner-
self back to the prison pen with the aid
Of a court officer, fainting in the CORRIDOR
There was TO be 20 demonstration, no matter
what happened 30 the Recorder drove out
every one except the reporters.
pRrsoNER HEARD NOTHING or THE RESULT,