The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1910-02-18
A DEADLOCKED JURY
For Forty-Six Hours George Selkirk
Holds Out and Blocks Herman's
Conviction.

| That is the way the Binger Her
mann jury stood irrevocatly deadlock
| ed when 1t was discharged by the
court Monday morning short time
after o'clock. says The Portland
Journal.
Those of the jury for conviction
were O. f. Pearson. J. B. Thompson,
William Myers. the foreman; Ben F.
Skoldeld. Friend D. Simmons, Smith
Stephens. Henry B. Stone, Charles w.
Risley, J. O. Smonk, Wesley Houck.
/ Albertos H. Metcalf.
\ George Selkirk stood out for acquit-
tai. He held that he could convict
the defendant under the law, but not
under the evidence, and that his con-
science would not permit Of his disre
garding the one phase Of the case for
the support of the other.
| The question which Juror Selkirk
held out on was in substance that be
could not. under the dictates OF his
conscience vote for conviction, that
his attitude was Interchangeable, and he
asked whether 1t would be available
for the jury to continue it's consider
alton under those conditions.
Hermann's owp evidence according
to information coming from the jury
room, prevented bis acquittal. AT
the close of the governments case,
continues this information, had the
defense rested and gone to the jury
| with its case. there would have teen
a verdict 10 favor OF the defense. The
| jury however, was changed In its at
titude by the evasiveness and the con
tradictions found in the story Of the
defendant, and was swayed to the gov
ernment's side when Mr.. Heney. on
GROSS examination, forced the defend
AIT to admit mistakes made on direct
examination and qualify his direct
testimony.
Binger Hermann was indicted on
the thirteenth day of the month and
l3 ballots were taken to decide
whether he WAS guilty or innocent of
the crime charged against him.
For eleven ballots 1t stood eight for
conviction and four for acquittal.
On the twelfth ballot Jurors Stephens
and Stone changed to the side Of con-
viction and remained there.
Stephens. during the early discus-
sions in the jury room, contended that
politics had been commingled in the
land fraud indictments, but after fur
ther discussion decided that this was
no bar to conviction In the present
case, and changed. Stone. it 10 un-
derstood, cast his first ballots in
complimentary spi rit. but changed as
the lines drew closer to the final sen
timent of the jury.
| Following the twelfth Eallot the
case was discussed again at length
and finally the thirteenth and last bal
lot was cast. Prior to this 1t had
been decided by the jury to put
i rider on their verdict and recommend
the leniency OF the court, recommend
ing that the least penalty provided by
law should be given to the defendant
when sentence was passed. This was
done out Of sympathy for him and
his family.
| With this rider on the verdict Juror
| Skoliield swung into line fur convic-
| tion. leaving juror Selkirk alone for
acquittal. SkolHeld had held out
against the extreme penalty from the
| first, that boing his reason for voting
for acquittal. AS soon as the recon-
mendation for mercy was inoorpora-
ted In the verdict. he was willing to
cast bis vote for conviction.
Further discussion was held and
| juror Selkirk made it plain that no
number Of ballots would change his
decision, SO no further votes were
cast.
II was q disgusted dozen as well as
a touselled cne. filed out Of the court
room. Eleven of the number were
indignant that one should cause their
disagreement. They bad made up
their minds from the first for some
reason that there could be no agree
ment with Selkirk.
His continual use of the telephone
and the frequent visits of Mrs. Selkirk
finally caused the bailiff In charge Of
the jury to cut off all communication
with the outside world, and this did
not increase the harmony existing be-
tween the lone advocate OF aoquittal
and the ii exponents of conviction.
Warm words we're passed during
several Of the discussions In the jury
room, and finally when the jurors sep
arated. Selkirk went on his way with
ont bidding the remainder the cordial
goodbye. expressed between the re-
manning IL when they started for
their homes.
1t Is not known when the second
trial OF Hermann will be held. IL ever.
Mr.. Heney asked that it be set at onoe
stating that 1t was the desire Of the
attorney general to have the land
fraud calendar cleared up as soon as
possible.
The Athena Land company have
splendid bargain to offer In a hand
! some 7-room house. plastered through
=