Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-28
JUROR MAKES DENIAL
Says There Was No Compro-
mise in Land Fraud Verdict.
Statement BY Mr.. BARUCH
Declares Vote Was Based Solely on
His Own Opinions.
HYDE AND SCHNEIDER APPEAL
Attorney Worthinston. Declines to
Discuss Latest Phase In Case.
Mr.. Donaldson's Views.
HYDE AND SCHNEIDER APPEAL

Just what Will develop from the claim
Of q compromise in the jury room ad-
vanced by Attorneys Worthington and
Donaldson in their effort to secure . new
trial for their clients. Frederick A. Hyde
and Joost H. Schneider. who were de-
clared guilty at the end of the famous
land fraud trial in Criminal Court No. 4.
yesterday seemed problematical The
claims by the attorneys were made part
Of their formal motion for a new trial.
aud practically II constituted an allega-
ton that certain Of the Jurors who were
in favor of the convention Of John A. Ben
son and Henry p Dimond. had sacrificed
their opinions to unite with others Of the
jury in a verdict against Hyde and
Schneider. In an affidavit attached to the
motions the attorneys stated that their
information concerning the Compromise
had been secured from Sterling ]. Gard
ner and Joseph Baruch. two Of the men,
bers Of the jury.
An absolute contradiction Of the afidavit
was made last evening by Mr. Baruch.
and Mr.. Gardner declined to make a state
ment Of any sort until he had seen his
attorney.
Statement Not Voluntary.
In qualifying his refusal to comment
upon any phase Of the peculiar tangle
In the case Mr.. Gardner declared that ne
had made no voluntary statement to At
torneys Worthington and Donaldson, and
that he knew nothing about their claim
Of compromise until Friday afternoon,
when they sent cab to his house and
he acceded to their request for an inter.
View in Mr.. Worthingtons Office In the
Columbian building. Another Of the FUR
Ors. Louis A. Everett. was equally nom
committal. because. when asked last night
about the alleged revelations OF the pro-
ceedings during the three days when
the jury was considering its verdict, he
said:
II have not heard Of the statements
made by either Mr.. Worthington or Mr..
Donaldson. l will have to decline to
discuss the matter at ALL
In The Star yesterday Elmer n. Cap
lin. yet another member Of the panel,
was quoted as saying that there may
have been compromise. but that he
knew nothing about 1t and that his ac-
Messrs. Hyde and Schneider ana the ac-
quittal Of Messrs. Benson and Dimond
had in no way been predicated upon an
agreement with other members OF the
jury.
Attorney A. 8. worthington said last
night that he had nothing to add to the
substance Of his motion for a new trial
for Mr.. Hyde nor to the AFFIDAVIT which
he appended to that motion.
Mr.. Baruch's Statement.
Mr. Baruch ampl!fied his denial still
further last night by saying: The charge
that I divulged any secrets of the jury
room is absolutely false. AS far as the
allegation that there was a compromise
Is concerned, / know nothing about 1t.
l have no hesitancy In saying that my
own votes for or against the conviction
of any of the defendants were based sole
ly upon my own opinions and were
swayed in no way by any agreement with
other members Of the jury. I made no
statement to either Of the attorneys for
the defendants. Hyde and Schneider. that
the verdict as returned by the jury to the
court was based upon compromise"
Mr.. Donaldson was asked concerning
the status Of the matter last night and
he said he did not feel that 1t would be
proper for him to discuss 1t in detail He
intimated. however. that the motive which
actuated the jury after their long con-
fnement was to reach verdict as to two
of the defendants-which they thought
they were obliged to do-and that they
had no intention Of doing anything wrong
or irregular. but did not properly consider
the serious consequences to the two de-
PENDANTS affected.
An Unusual Case.
When he was asked II this was not an
Unusual move tc be made in seeking a
new trial OF a case, and whether he was