Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-11-26
Division Said To Be Nine For
Conviction to Three For
ACquittaI.

GOSHEN, y, Y, Nov. 26.-The jury
trying Burton w. Gibson for the muir
der of Countess Rosa Menschk Szabo,
on Greenwood lake. July IS, announced
its inability to agree at 11:15, when it
had been out fifteen hours and thirty
five minutes. The division was said to
be nine for conviction and three for ac-
quittal. Twice before it had reported
disagreement, but each time had been
sent back by Justice Tompkins to con
tinue it's deliberations
Foreman J. l.. Hicks, Of the jury, had
announced when the second report was
made at 9:47 o'clock that there was a
possibility of verdict being reached,
so when word was sent into court that
the jury was ready to report again at
11:15 o'clock. there was a hutter Of
excitement. Gibson was again taken
into court from his CELL and, despite the
likelihood of a verdict, he was calm.
Mrs Gibson was not in court, having
been ordered to bed an hour before by
her physician.
The news of the disagreement was
kept from her upon orders of Or.
O'Reilly. one of the medical experts for
the defense. under whose care she lies.
Jury lnterrogates Judge.
The first report from the jury came
at three minutes after > a. m, or six
hours and twenty minutes after
the jurors got the case. Justice Temp
kins, who had gone to a, neighboring
hotel at the close of the days session OF
court was summoned, and j. T. Hicks, !
foreman of the jury announced that the
twelve could come to no verdict. They |
were ordered back and then the fore
man asked;
Does the question of guilty on not
guilty hinge on whether Mrs. Ritter
Countess Szabo) was strangled?"
1T rests upon all the evidence re-
piled the court IF you find she met
her death at the hands of the defend
ant. then your verdict must be rem
dered in the first degree"
Must we consider all the other evil
dence in its relation to MURDER asked
another juror.
You must" replied the court.
Attorney Robert II. Elder. counsel for
the defense, jumped to his feet after
the juror had ceased questioning Jus
tice Tompkins and shouted
u move"
Before he could go any further he
was stopped by Justice Tompkins, who
said he would not consider any mo-
lions at that time
When the Jurors had gone back ~
their room the judge returned to his no.
tel, leaving word that he would accept
a verdict at any time
Both Near Collapse.
At $50 o'clock the jury again re-
sumed its deliberations At that hour
both Mr.. and Mrs. Gibson were awake
and both were bordering on collapse
Mrs Gibson wept violently in the court
room AS the jury retired and had to be
comforted by two women friends, Glib
son was pale and trembling as he was
led back to his cell and court attaches
feared that he was going to faint.
Later i'm his cell Gibson regained his
composure and sent a reassuring mes
sage TO his wife telling her not to Wor-
ry as he was sure everything would
come out all right
50 keen was the general interest in
the case that more than 100 spectators
hung about the court house all night
waiting for verdict. .,,
While Gibson was eating his break
fast. Mrs. Gibson pleaded with court
attaches to be allowed to see him but