The Washington herald., 1907-07-03
HOLMES JURORS OUT
Fail to Reach Agreement
After Seven Hours.
LOCKED UP FOR THE NIGHT.
Will BE Taken Into Court at 10
o'clock This Morning TO Report
Case Justice Stafford Reviews
Evidence i'm Charge to Jury.

Up 10 10 o'clock last night the jury in
the case Of Edwin s. Holmes, jr., who has
been on trial for the last four weeks for
alleged conspiracy in connection with cot
ton statistics Of the Agricultural Depart
ment, had not come TO an agreement,
and they were locked up for the night
At 10 o'clock this morning they will be
brought before Justice Stafford to report
their findings. Should they report that
they had not arrived at a verdict. It Is not
improbable that Justice Stafford may In
quire as to whether they desire any
further information on any particular
point, after which he may send them
back again to their room 10 continue
their deliberations.
Il was seven minutes after o'clock
yesterday afternoon when Justice Stafford
finished his charge to the jury. and. when
the latter body retired. there seemed 10
be a general impression around the court
room that the jury. in view Of Justice
Stafford's decided charge, would arrive at
speedy verdict. As the hours passed.
these hopes were dashed, and doubt as to
the verdict arose in the minds OF the
friends Of both sides.
Justice Reviews Evidence.
Justice Stafford in his charge to the
jury reviewed the evidence taken in the
case. and said It must consider whether
the prosecution had proved that Holmes
divulged anything which might subse-
quently have appeared in a cotton report
and which had come to him in his official
capacity. If the jury found such to be
the fact, such an act was prejudicial "a
the United States and tended 20 en-
barrass and Illustrate the work of the
Bureau Of Statistics, and thereby de-
fraud the United States. II was Holmes
duty, he said, 10 do mis- duty honestly
and fairly, so that the results Of his labors
would be given 90 all the people Of the
United States
For the purpose Of the Indictment the
| jury were to consider that the buvins
and selling of cotton on margin constitute
/ ed legitimate trading. and not gambling
As to the information which the govern.
ment contended was furnished by Hoime,
to Haas or Peckham. Justice Stafford
/ instructed the jury that it was not neces
| sary 10 support this charge that HoIme.
knew exactly what the report would con
/ tain. The scope Of the charge was thar
/ he had peculiar knowelge on account o.
| his position, and that It was his duty tC
keep it secret.
Common Law" of Department.
1T is charged by the government" sal,
/ the justice, that it was the duty O
! Holmes not to give out any information
| This was the common law of the depart
ment. You have heard the testimon,
upon this subject. You have heard tn
! testimony Of the Secretary and of other
/ connected with the department. l leav
it 10 you as a matter of fact, instead O
/ telling you as a matter Of law, 10 sa-
whether il was the duty Of the defendan
not TO divulge what that report wouI
| show"
He also instructed the jury that 4
order to prove the conspiracy charge /
was necessary to show that Haas an
/ Pcckham knew Of the order to keep thes
reports secret There was testimony 4
the case, he declared, TO show that bot
/ OF them knew OF these regulations pro
viding for secrecy.
He instructed the jury also to conslde
/ the failure Of the defense to place upo
the witness stand Haas, Peckham. an
| Theodore H. Price The evidence in tn
case tended to support all the allegations
| and it was for the jury to say whethe
| they had been fully sustained. Whethe
the allegations contained in the indict
ment constituted crime was not for tn
| jury 10 say, their sole function being Z
determine whether the government by II
testimony had sustained those allegation.