Evening star., 1909-06-13
peciai Dispatch to The Star.

Special Dispatch to The Star.
BALTIMORE, Md. June 12-The fury
in the case OF William F. Downs. the
former city hall stock clerk who was
charged with the embezzlement OF S67. 900
of the citys funds. has been unable to
agree and has been discharged.
The action followed a day Of delfbera-
ton on the part OF the jury. and after
the body had been called into court in
the morning and given specific instruc-
tions by Judge Stockbridge In an en-
deavor to have q verdict reached
Judge Stockbridge dismissed the Jury
following a recess for dinner, which end
ed at 2:3O o'clock. Following the re-
convening Of court the judge made care
full inquiries as to the possibilities OF the
jury reaching some unanimous view and
became convinced that q further pro-
longation Of the deliberations4c couldtbring
about no definite result
Over Twenty Ballots Taken.
Altogether there were twenty ballots.
The first ballot stood six for acquittal,
five for conviction and a blank A later
ballot stood seven for conviction, and i've
for acquittaL The last ballot stood eight
for conviction and four for acquittal
The Jurors declined Immediately after
their discharge to discuss the arguments
that took place among them
AS soon as court reconvened after re-
cess Judge Stockbridge, having been ad-
v1sed that there was no possibility of
an agreement being reached began to
prepare his discharge to that body.
The Information that an agreement was
out Of the question was conveyed to the
judge In a written communication signed
by every member of that body. The
Judge summoned a bailiff and said:
Bring in the jury
Slowly the jury filed into the court
room and took their places in the box.
Their faces looked pale and tired. They
had been out for nearly twenty-four
hours
Discharge Of the Jury.
Judge Stockbridge then announced that
he had received the communication in
question and discharged the jury, as fol-
lows:
1T Is matter for deep regret that
after nearly twenty-four hours of delib-
Grafton you have been unable to agree
upon verdict I must assume that this
condition is the result OF a sincere, con-
scientiouS conviction upon your part and
there is, therefore, nothing that I can
say, nor. indeed, have any desire to say
anything, in criticism Of the attitude of
any member of the jury.
pressing my deep regret at your inability
to arrive at verdict, and the serious re-
Election upon the administration Of justice
which will thus be raised in the minds Of
many Of our citizens.
Juror Obrecht said that they had tried
hard to get at verdict but 1t had been
impo ssible Continuing. he said:
I'VE took more than twenty ballots.
The first showed B to and blank.
Then it came around to to 5. Just five
minutes before we entered the courtroom,
we took a ballot and stood to 4. But
we have decided that we will not say
which way the majority leaned. for con-
viction or acquittal. 1t has been a long
and tedious work, and we are all glad it
is over"
Excitement in Baltimore.
A great crowd Of people gathered about
Obrecht as he walked down the corridor
Of the building, but he would not give
any more idea Of what went on than has
been stated above.
The news that the jury had been dis
charged spread like wildfre, and hun
dreds Of persons rushed to the court
house Many expected to see Downs
walk from the building, but they were
very much mistaken, as the now IA
nous prisoner was not in court when
the jury was relieved Of further duties
Outside Of the building the crowd
grew QenSer, and Tor a Ilme 1t looked
If it would be necessary for the police
to clear the sidewalks. There was but
one topic. and that dealt with the vic
tory of the defense In getting the jury
tangled up in such a manner that it
had been unable to arrive at a convic-
ton.
While loath to make any statement,
Attorney Harry B. Wolf. chief counsel
for the prisoner. admitted that he was
not altogether displeased at the outcome
Of ba a1fhnllph la
acquittal
States Attorney Owens and Assistant
States Attorney Stinchcomb both de-
clined TO discuss the result
As to New Trial.
Judge Stockbridge discussing the pos
sibility Of Downs being retired in the
present term Of court, said:
THAT will depend. Of course. on the
Mueller trial next week If that should
be speedily concluded. it may be just
possible that Downs can be tried again
during the May term Of court"
Another trial Of Downs this term will
depend. Of course. on the cooperation
Of the states attorney.
It Is believed that Attorney Wolf may
now renew his effort to have Downs
bail reduced sufficiently low to be within
reach Of his clients friends. The first
move in that direction was made by At
torney Wolf shortly before Judge FL
lott declined to grant him a change Of
venue.
In the event Of Downs not being tried
again during the present term Of court,
and 1t is pretty safe to say that his
counsel will make a hard fight against
it, it is not at all improbable that the
bail could be reduced and furnished.
Downs bail is now about $4,000
Hooper Will Lose All.
AS result of the alleged defalcation
of William F. Downs, City Comptroller
Harry F. Hooper. who gave Downs his
first position in the City Hail. will prac-
tically lose every cent he has in the
world.
Already the man who befriended