The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-19
NOVEL POINT FOR STABLE
JEROME SAYS THE Jury VAS
IMPROPERLY DISC CHANGED.
Ex-IDastrirt Nttorury Contends That the
Csart DaclnT wait Zee Ihe JUrS To
Ann0uA~e Thns 90 CSslsln't Agree
.Budge NsulqneeR 10 Dersdc Matter.

kA-uDlaartre AttofuFl Z ontemdN rhnt the
GsaFt DlalnI wait fSr Ihe Jngy iS
AnnoWa~e That % CssIsin't Agree
Judge NsulaneeR 10 Dersdc Matter.
Ex-District Attorney Jerome was in
Part I of General Sessions yesterday Ia
rAise point Of law in behalf OF Vincent
J. Stable. the City College student on
whose trial for murder a jury was dis
charged without reaching a verdict re-
Gently. Mr.. Jerome Appeared with eI-
Municipal Justice Herman Joseph and
ex-AAsistant District Attorney Derby.
who represented Stable al has trial
Mr.. JerOme's contention. which he set
forth to Judge Mulqueen IN moving for
. postponement of pIeading. Was that
the jury was discharged by Judge Grain
before II had reported To him hat Il could
not agree.
The former District Attorney read from
the minutes taken at the trial those Q,les-
tons and answers which affected the
question On which he was arguing. IL
appeared thai the jury went out at Sis
and was sent tor 10y Judge Grain az a
few minutes past 10 o'clock The COu n
then asked the foreman whet her a YER
dict had been reached and the reply was.
Not vet fhereupon the Court declared
that ~ didn't helIeve . result could be
attained by the jury and u vas dis
charged
Mr. Jerome aid that he dad not want to
be- Understood as CritIcislng Judge Cram.
but he thought that the Judge must have
been mistaken IN regard to the powers
of the Court. which arr. When after
the lapssa OF such tins as shall seem roa-
sonabls to the Court they shall declare
themselves unable 20 dectare a verdict
they shalt l~ discharged ~ far from
declaring such facf. said Nj jerome
he had affidavits from nine % the jurors
to the esiect that they didn't ask 10 10
discharged Tie pointed out further that
the jury was oui in all mat five houTS
and that more than an hour 81 this was
consumed ~ dinner and more time
taken up by two returns &" tirs court
room for instructions.
Mr. .Ireome didn't feel sure that a claim
81 former jeopardy could - established
because Stable had h~en neither acquitted
nor convicted
Assistant Dtstric, Attorney Del~hantv
remarked that. he thought q second trial
ought 10 he PLACED before the same Court
that heard the hrs' trial Mr. Jerome
didn't think 81. though h agreed tha,
Judge Grain would he fair His reason
for disaGreeing with tho District Attorney
vas that he might ind 1t necessary To cab
JudGe Cram himself A. witness
Judge Mulqueen ct the day 1t pleading
on March - ana suggested that the case
he laid before Judge Grain Mr. Jerom@
and hrs associates went immediately 20
Part v where Judge Grain - sitting
The former District AtoTnsv declared
tina, h had no rejection 20 make upon
the Court b" recognized that C~rtain
things han come 10y custom and habit 70
ne considered In The same hght a. law
itself and he nan often seen Tho same oc-
CurTpnce happen while no was District
Attorney
I do think though thar vuur Honor
was m error .aid ~. that you niadA a
mistake. for know you too we'll 20 think
that goa ara infalhbie
Judge Grain SAID that no was Wiling 10
do anything 10 facilitate the triAl and ~
was one 20 him whether the ca was re-
tired before him ~ t=fpre an0' hs, Judge
Ne asked however. whether ~ Wpuitn'
have been prOTs-r for Stahile = counsel TO
take exception "a his s,ttup ~ the tune
and whether their -iBenC- was not an 40
tsrmined ~ refer the whole mai Oh"
Judge Nuilu-~n IN The day thai 'l3- 's-r
comes up tor pleading
II ~ UndeTstpsrd thst ~ toe time 70 lar
was sen; Tor ana di-oh5rge~ ~ stood ten
20 two for acguittal. aud tho dslfs -Ations
after a f-tll that took siN davs "Nt~nd"d
over httiz more THAI thrSs hours
stable was indicted fof tHhHC John
MctiTaih me IL serE WI" made nis ',f..
mtsC' sSis according - ris STOW. frsrn
the ttme inst No. r-r'"b 4 Ur.Irf-r 81 t"r.'.
rfieut. ~ Nest Fifty .lhIrd ~t.-.' f,- tne
pu!ro~" ~ Cief-Ryius De-, ,pIi..T-' e., -.ns.-,
b, SunietiIlC rh"m. ~" --DvruE "sr-
sU~rs-d ~ Srpt.mh-r 20 ~. luHU IS
FInlev president OF a. .r'y oiis s,. ne
tended 'is 'gal AMI ..sd 4r-nr i.t~'-...
Attorney Whitman IN NeIu-.,'as 81 10.
ga-d - ~" go"