New-York tribune., 1905-02-02
DISAGREE on LUNDBERG.
.SIocun Case Jury Stood to 6, Says
Report Discharged.

-, i.,-,- IN the case of Henry Lundhers, former
assistant United States inspector OF nuns accused
80 yngrala ,ef,ter in connection with the General
slocun disaster. disagreed last night They were
out more thsa ten hours
Iudrc Thomas had tole the jury that ne oio not
want TO force a verdict He had announced MN
self against al night juries he told Ohtee STATES
A,a-spsl fsenkeI to go the jury room at , p m.
% nah,ne had been heard from the jurors by tnat
hour. - :.
Tee marshal Knocked on tho door and asked II
an Hareement had been reached
.sy-u cannot agree the foreman rephec
Nr upnkel then said that he had orders 10 let
IA. t,ry go as discharged The men filed out
II Was rumorcd that thc jury stood siN 10 si~'
Ia .bc afternoon the court had said Since l
have been on the bench have never had jury
80 o,,t all night The barbarisms that come
aonn te US from the past l never intend to I'M
pose ,r Jury. l would Ike yo1 carefully to con-
slider aid discuss this case and reach a verdict
in accordance with yo:r honest convictions. II You
cauuet 10 that / &c not want 10 force a Vefolct
by locking you up all night"
Aftpr the jurors had been out nearly six hours
they returned TO court They asked Judge Thomas
TO ch1ree on several points lie cid SO
The jndgc also replied to queries put by three
Juror. Their questions tended induce Judge
Thomas to give opinions which were plainly for
the jury TO give.
Lundberg was paroled in the custody of his
counsel A. S. Gilbert until to-day. His bail bond
will he renewed.
In lis charge to the jury Judge Thomas said in
part:
The onlcer sent to inspect vessel is obligated
TO reHch a conclusion that viii satisfy him tilat
the vessel is in the condition required by law The
inspection should be such as sooo ara shli'eu g;
business man would make IN the circumstances IN
AS 90 the life preservers such a man would take
into consideration the age Of the life preserver
and las appearance
he was possessed OF any power. and that
when he answered certain questions his function
at END and he had performed his full duty
Now. gentlemen, is thai SO: II the defendant
was only to answer these questions he ought TO
But If when he was asked TO count the life
prese,vers. he knew his duty and knew that i.
did NOT stop with the mere enumeration then he
had right 10 relinquish his work.
Therefore you brought face TO face with the
understand that he TO make some sort of an
eXamaation ascertain if life preseryer had
lost me Of its essential functions and had ceased
be life preserver?
OF course he was supposed to know the law. but
II his superiors set him an example then II was ms
duty TO follow out his instructions as he under
The question seems to resolve itself into this:
servers? And If he did do. in good faith and hon
estly. what he had been taught to do, he ought to
But If he went to the boat and knew there were
defects il was a breach of duty: II he did not
do H. then his misconduct resulted in the deaths Of
the parsons charged in the indictment
Judge Thomas also told the jury that If the de-
fendast had found small holes in life preservers.
and lie exercised his judgment in good faith, he
need not reject the life preservers, and that an
error of judgment was not fraud connivance, mis-
conduct or violation Of law.
The steamboat General Slocum was burned on
the morning of June is, 1894. near North Brother
Island. The steamboat was carrying than
one thousand persons on a Sunday schooI excur-
aster was caused by flames starting in a room on
the forward part of the freight deck. Fleming,
the assistant inspector. indicted with Lundberg
sreed in the course of the trial, the indict-
nlent against him being dismissed