Newark evening star and Newark advertiser., 1912-11-26
Jury IN GIBSON 4
CASE D|SAGREES |
AFTER IS HOURS
Counsel Tells of Offer
to Escape Again
Being Tried.
CAN Go FREE IF HE ADMITS
OTHER CHARGES, ALLEGED
Detectives in Court Ready to
Rearrest Prisoner if He
Was Acquitted. Il

GOSHEN. n. Y, Nov. 26.-Affer de-
liberating for more than sixteen hours
the jury in the case of Burton w. Glib
son. charged with the murder OF hts
client, Mrs Rosa Menschik Szabo. re-
ported to Justice Tompkins shortly
after II o'clock this morning that Il
could not agree on verdict and was
accordingly discharged.
Jacob J. Singer, of Gibson's counsel.
announced shortly after the jury had
been discharged that the district at
torney had offered not to place Gibson
on trial again on the charge Of mur-
dering Mrs. Szabo, provided Gibson
would plead guilty to one of the sew
eral charges against him in New York
county.
A detective. armed with warrant
based on an indictment found yes
terday in New York. was prepared to
arrest Gibson today, in the event Of
his acquittal on the murder charge
The warrant charges the larceny Of
$4,000 from Hugh Trainor, a former
client of Gibson, in 1910 Other
charges are pending in New York
county against Gibson, some Of them
in connection with his administration
of the Szabo estate
Isador Wasservogei, assistant dis
trict attorney of New York. who has
been assisting the Orange county a,i-
thorities at the trial. declared that no
offer OF any sort had been made to
Gibson on behalf of the State.
Gibson Interrupts Court
Several times while Judge Tomp-
kins was dismissing the jury Gibson
broke in with requests that he be
permitted to make a statement or
that the court request the jury to 90
back and try to agree upon YER
dict The court refused and was
finally obliged 10 order the prisoner
TO stop
In disrnissing the jurors, the court
cautioned them to say nothing about
their deliberations '.in view Of the
fact that this case will have to be
tried again in Orange county"
It was reported in the court room
that the jury had stood eleven tc one
for acquittal on the final ballot. An
other report was that the jury had
stood seven to five for conviction.
Earlier in the day the jury also re-
ported to Justice Tomplins that It
had been unable to reach a verdict.
Foreman Hicks added. however, that
the prospects were good for reaching
a verdict. and the court sent it back
to deliberate, but it was again unable
to reach an agreement
Gibson slouched down in his seat
when Foreman Gibson announced q
disagreement. Mrs. Gibson buried her
hands in her face and wept.
During their stay in the courtroom
one juror wanted to know If they had
to find that Mrs. Szabo was strangled
10 death in order to return a verdict
of conviction. He was told yes An
other wanted the Szabo will. It was
given him A third wanted the letters
the alleged victim had sent to her
home In Austria, and these. too went
back into the little room behind ths
locked and bolted doors.
Mr.. Elder, Gibson's lawyer. was
granted permission to make mo-
ton. IT request the court to charge
the jury" he said, that they must
find from all the evidence beyond a
reasonable doubt that this defendant
strangled Mrs. Szabo to death before
they can convict him of any crime"
Angry Words Are Heard.
II have already SO charged tha
jury" Justice Tomplxins said
Gibson returned to his cell and Mrs.
Gibson left the court room.
AS the night waned the debate In
the jury room became more heated.
Angry woros ffoated out into the cor
ridor One was overheard TO declare
that he would hold out for an acqult-
tai indefinitely. Others were equally
insistent for a verdict of guilty.
During the long waiting hours Glib
son sat in his cell awaiting word from
the jury room, while his wife, worn
by her long vigil, was resting within
call at nearby cottage. after hav-
ing paced up and down in front Of the
courthouse for some time in the rain.
In the courtroom at the time sat
detective. armed with a warrant
on which Gibson would be rearrested
in case he was acquitted of the MUIR
der charge. The warrant charged
Gibson with the larceny in 1910 Of
ST. 900 from Hugh Trainer. an aged
awning-maker, and a former client.
The warrant was based on an in
dictment found by the grand jury IN
New York county recently.
nN