The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-11-26
GIBSON JURY UNABLE
TO AGREE ON VERDICT
Sends for Eyllibitsand WranolcS
for Six Hours After
Courts Charge.
JUDGE ORDERS THEM BACK
One Report Is That Nine Men
We're for the Conviction
of Prisoner.

tried Eurton W. Gibson. accused Of
numbering Rosa Mensclik Szabo In July.
announced at = o'clock this morning that
it could not agree and asked that Jus
iice Tompkins bc notified. 1t was said
that the jury stood nine to three for
conviction.
one juror was quoted az saying that
lie would refuse to convict Till hell
freezes over.
Assistant District Attorney Murphy
suit Gibson would not go from the
courthouse a free man. He will be- ar
rested on a warrant charging him with
grand larceny. sworn out by Hugh
Trainer former client Of Gibson. who
alleges that the lawyer defrauded him
Of $4,000 two years ago.
Justice Tompkins took the bench at
2:"3 o'clock. Gibson pale but calm sat
at the counsel table beside his wife, who
was trembling violently az the twelve
men lined up. Foreman Hicks reported
that the jury could not agree and u
number Of questions followed by various
jurors.
The Court ordered the jurors to go
back ana make another attempt To
agree.
Mrs. Gibson remained in her hus-
bands cell while he had his supper.
As she left the Jail by a side door. she
was served with an order in connection
with proceedings to get at the where
abouts of money. trunks. iewelry and
other belongings of the Rosa SZabo
estate
Justicc I'omplins took two hours and
twenty minutes in delivering his
charge following summing ND for the
defence by Robert r. elder and for the
Stata hy Assistant District ATTORNEY
Wasseryoyel az New York. The charge
was accounted bv hotb prosecution and
daf,nc. az fair
Court was late in opening because
tho court was Informed that Juror No
3. Harry Tweedle. a farmer OF Mont
yomery. had been seen talking with a
man in a saloon last Friday after the
Jury was excused. The Justice was
closeted with the Juror for ten minutes
and the triaI was then finished
The summing up by Mr.. Elder took
all th. morning and half the Afternoon
Ii was $50 when Mr.. Wasservogel gave
way to the court.
The court began the charge by
statement OF the accusation against
the defendant, followed by a definition
of Circumstantial and direct evidence.
an exposition of first and second de-
gree murder and emphasis on the legal
theories of presumption of innocence"
and reasonable doubt"
In reviewing the prosecution the JUS
tice, after referring to the findings OF
the three doctors at the autopsy, said:
"Minturn, the storekeeper. saw two peo-
pie in bent over position. The man
was clasp!ng the woman with his left
arm He brought his right arm up
TO the upper part OF her body. Then
the two went out or the boat together.
He saw something behind the boat and
then saw the man turn the boat over,
ana he threw one arm over one shoul-
der and the other over the other shoul-
der and then he disappeared, later to
reappear.
witnesses nave testihed that on the
day or the drowning. or l should say
happening, the detendant made diner
eni inconsistent statements regarding
the deceased III these INCONSISTENT
contradictory ana raise statements We're
rhaue py the ueiehuaht why were they
made!
why did ne say she was IN mi
Cago, whon No knew she was DEAD
WY uid ne say she hau no EeiatlNes
anywhere! What DO these thinSs lndl-
cate as to the guilt or innocence or the
defendant IN connection with the dcath
OF Rosa Szaoo'
III her death had been an accident
would ne nave tod these stories, or
would he nave frankly told Just now
the accident happened?
The point against the defence that
the court repeatedly emphasized was
thus expressed
IF there is living person who
claimed to be Petronela Menschik and
executed the waiver, and who claimed
to be entitled to the money under the
will. why has she not been produced
as a witness at the trial q" her absence