The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-07
COURT SAYS STABLES FREE
am C4N'T M TRIED AGAIN
FOR MILLING W'GRaTH

Premature Dlsrhargr OG the Jury M
Judge Grain Opera ed a. an AcquiItaI.
says Justice New bur ser Prisoner IN
the TOnibs NTH the Order .. Entered.
supreme Court Justice NewburRer has
directed the release Of Vincent } Stable.
the city college student who shot ami
killed John NcGreth. one ~ a crowd 81
youths who were annoving him Stable
was tired before General Sessions Judge
Grain and the jury dehhera'ad on the
case from SIS p NJ to 1910 o'clock on the
nigh; 81 March - Al that hour the jury
flied into court and whom Judge Grain
asked n th~v had gre~d upon = verdict
the foreman replied. NO, yc, Judge
Grain th"n A. "a ha didn't desire 20 keep
the jurors together any longer ana would
dischF rye them from further con~idera-
ton ~ tho case.
Counsel for Sta hila then got a wit n.
hE beas corpus and contcndsd that ths
Courts roJion IN discha-Rng the Jury
operated "a complete d.scha-gN " the
prisoner snd thai h" could not h~ pu'
IN jeopardy gain. They submitted AM
dsvits from Jurymen 10 tho effect that they
would hsva icon all" 10 agree 2 they
had not Fsan discharged II was also
dsrlarcd 'ha' the jury s''od ~ 70 : for
acqu.tta - the time 81 the discnsrgH
Justice W vhurgar says that the ms
charge - N" Jury vas without warrant
and that NJ Cir~u-np. whs'avssr
sv,s'o~ - caN for 'ha EXERCISE ~ me
discretion ~ rhs Crvrt Such action l. =
tsr. ~ sEyS ~ subsequent trial % the
defendant upon the ~ To Indictment
Under tho ~odo 'ha igry MAY he dis
charged upcr tho o~currsn-s ~ some
injury or - -uaI'v aT~~''''E tho 6Hfandan'
'hn lurv ~ -orln e Than - tho Court
making - luaSr@d'ant 20 keep ~" jury
'pg~'r@r IrnCar. wh"n afie- 'hs Ia nee ~
-el-or. MO urrH ~" jurors dS~lare them
@elvea an. ni" - agr"" upon a verdict,
0r whom. with the 'aave ~ rho Court The
public prosecutor and counsel for -"
Iaf"-izn' ~rra,T' - such a schargs
II - - is-.-tai that 'h"r" vas No N lurv
Or 60 suaity affecting the de'~ndsn'. the
Jury Or n" Court -avs Justice NsNb'ir-
ger nd ~ - further admitted that
AZ no 'inl~ did the jury stat" or declare
tnsmsslvos una L. 70 agree upon a Yer
Dict. " hss h".n hold r"P"e'@1ly tha'
unless the Jury have declared that they
were unR no - grao IN. Cours had no
power oT right - di~~harce them.
The courts ~ 'he state hav" hold uni
furmly that q 'lrv IN criminal cfs"
could not 30 discharged without the con
agreeing. and that wh~n Jury was I'M
Warrantably disrharge ~ Was equivalent
90 an acu,nttal and a har - a subsequent
trial on the same indictment
Justice NewhurEer saws that IN" I nitei
states Supreme Court has made this rul-
ing Concerning the DistrIct Attorney
contention that Wr1t 81 hs bees corpus
will not lie and that the defendant has
Tnistr ken HE remedv Justice NewbuTgsr
asks what other remedy 10 has. He might
aDply to th.. Cour' 20 General Sessions
for hts discharge on the ground that
the Jury's disrharge was equivalent - an
acuiu'tal, lIui Justice N"whurger -ays
that 4 General Sessions Sanied his appli-
cation he. could not appeal from the crd"r
lie IN" defendant therefore n remain
IN custody and wait until h" - again
pu, On trial and N he thus Int"Tpos@s
'he pl"a II = former jeopardy and ~ over
ruled must hc wait until there - a con
vlctiou before he can raise the quest 90,
vhsthsr ha ran ba retained IN custody
Ask In gtt~o NNwburgeT. IN - true that
Tho cp,Irty 81 this STATE have laid down
th.. r1tle that the wit ~ haheas corpus
should not issue unless II appeared that
'ha court was WITHOUT jurisdiction "
tns. dts~hs rye II the Jury operated - an
srIu,ttal then c"r'Einlv III" Court ~
Ganar1l Sessions no longer he'd lunsdic-
ton. FOR ~ vas its duty 20 have discharged
tho rslafOT
Stable O., ,'ii IN the Tomb- under
g. ~" hail Tn" prosecution medi'1t@%
aypo1ling