New-York tribune., 1911-09-01
Jury IN G|EDEL CASE
LOCKED Up FOR NIGHT
Unable to Agree After Eight
Hours, Are Told to Try to
Reach Decision To-day.
ASK COURTS INSTRUCTION
Interrupt Deliberations to Have
Degrees of Murder Explained
Said to Stand 7 to B for
First Degree.


Said to Stand 7 to 8 for
First Degree.
After the jury in the trial OF Paul
Giedel had delberated yesterday for
more than eight hours Judge Grain at
midnight locked them up, with instruc-
tions 10 report any verdict that might
be reached when court opens at I'D
o'clock this morning Few of the spec
tators who had listened to the summing
up and charging Of the jury during the
day remained to the end Of the session.
The case was given to the jury at $40
o'clock in the afternoon, and Giedel was
| led 10 the prisoners pen. where he was
placed under extra guard to await the
jury's report He did not appear In court
again until o o'clock. when the jury hlcd
in to request further instructions from
Judge Grain on the statutory distinction
between murder in the first and murder
| in the second degree.
C;iedel came In between two attend
ants, looking even paler than he had
during the trial. and seemed relieved
when he learned that the jury had not
reached verdict. Nothing more was
heard from the jury until IT was brought
| into court at midnight and was locked
up for the night
| Mrs. Giede mother Of the defendant.
who had been I'm the courthouse during
| the progress Of the trial. left after the
case had been given TO the jury, going
| TO st Peters Church. in Barclay street.
and then to the home of a friend.
Rumors regarding the deliberations of
the jury were in circulation during the
| night. and there were -casons for beiev-
| ing that the Jurors were divided be-
twen murder in the first and murder In
the second degree. one report had 1t
that seven Of the jurors favored YER
| dict of the highest degree.
GiedeIs counsel declared that In the
event OF a conviction of his client he
would appeal for a new trial on the
/ ground that Giedel's rights We're vio-
lated when Judge Grain interrupted the
trial to sentence prisoner who pleaded
guilty to grand larceny before him.
The prisoner. George Dore, had been
| indicted for robbery, and counsel con-
tended that the Courts remarks before
the Jury on this subject, considering tnat
robbery was an element Of the charge
ION which Giedel was tried, interfered
with a fair trial.
Called WEAK, DefeneeIess Boy"
In summing up for the defence James
A. Gray referred to Giedel as a weak
defenceess boy who had not, in his
opinion. received fair treatment at the
hands Of the police.
He declared that the circumstances Of
| the examination of Giedel by the police
Immediately after his arrest constituted
duress under which he made the confes-
sion placed in evidence by the prosecu-
| tion.
Mr.. Gray made much OF the element
injected into the proceedings by the
presence of the defendants mother who
sat in the rear of the courtroom during
the summing up Of both sides.
This boy" he said. came TO our city
at an age when your boys and mine are
at school preparing for the struggle Of
years contributing to the support Of his
widowed mother. He was alone in a
great city, and you gentlemen know
what that means even TO a man"
Mr. Gray emphasized the testimony Of
his medical experts that Mr.. Jackson
had died from heart trouble and not from
any injuries inflicted upon him by Giedel.
Such injuries, he maintained. were re-
ceived at the hands Of the defendant
while the latter was protecting himself.
Charles c. Mott, jr., the Assistant Dis.
trict Attorney who conducted the prose-
cution. made no pretence at oratory In
his address to the jury. He went over
the evidence to show that Giedel had
sneaked into the hotel at night with a
bottle of cloroform. intending to use the
drug and rob'the aged broker; that when
( attempting to carry out this plan he was
discovered by Mr.. Jackson, and strug-
gle ensued in which Mr.. Jackson was
deliberately killed Giedel he asserted
knew that If Mr.. Jackson ever recovered
consciousness he would be able to put
The police on the track of his assallant
and he saw to it that this could not oc-
cur by strangling Mr.. Jackson to death
Resents Attack on Dead Man.
The attack upon the character OF Mr.
Jackson was bitterly resented by Mr.
Mott. who declared there was not a scin-
tilla Of evidence in the case to support
this attack except the testimony OF
Giedel. who, ne suggested, manufactured
the story as his only hope of escaping
the penalty for his deed.
Suppose you go into your room in a
hotel" said Mr. Mott, find an attendant
committing robbery and grab him. What
sor, OF story do YOU think he will tell
to protect himself? 1t Is appalling to
think of the extent to which our reputa-
tions and property, even our lives, are
at the mercy of hotel employees"
Judge Grain in his charge covered all
the degrees Of homicide from man
slaughter in the second degree TO MUIR
der in the first degree. He also in
structed the jury that they might find
Giedel guilty of attempted murder, ex-
plaining that il they determined that
Jackson had died a natural death, from
heart disease or other cause, they could
then determine whether or not Giedel's