New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-30
GIBSON JURY, OUT "A
HOURS, FAILS TO AGREE
Vote Stood II to | for COnvlC-
ton After First Ballot
Third Trial Uncertain.
NEW YORK WANTS LAWYER
Assistant District Attorney Has
Warrants Charging Pris-
oner with Grand Lar
ceny and Forgery.
lBy Telegraph to Tho Tribune. J

New Durgh. y. \ o, May ~. l1OpeleSSly
deadlocked for twenty four hours and
fcrty-sevcn minutes. the jury in the
case Of Burton W. Gibson, indicted for
the murder Of Mrs. Rose Menschik
Szabo. after it had been sent out three
different times i'm vain effort 10 ar
rive at some verdict, finally reported to
Supreme Court Justice Arthur s.
Tompkins at = o'clock this afternoon
that il was absolutely unable 10 agree
The court thanked the jurors and
discharged them. and then remanded
the prisoner TO the county jail at
Goshen, where he had been confined
most Of the time since the jury dis
agreed on the occasion of his first trial.
For twenty-four hours the jury stood
II 10 / for guilty Of murder in the first
degree one juror held out for &C
quttal The disagreement Of the Glib
son jury marked the elimination Of
one Of the most remarkable trials ever
held in the courthouse here.
When the jurors reported TO Justice
Tompkins at o'clock this afternoon
that they could not agree he told them
TO Try again. as the county had already
been nut under heaty expense for two
trials. and he wished 10 avoid the add
tional expense Of a third trial. He
urged them TO put forth their best and
most earnest effort 10 reach an agree
ment. This moved juror No. II. George
W. Crist Of Hamptonburg, to remark
that they had tried in every way 10
decide one way or the other, but that
one Juror was holding out for acquittal,
and that they could not persuade him
TO change his mind. Then the jurors
retired for the second time.
Court Orders More Deliberation.
\ little more than an hour later they
returned TO the courtroom with the
same announcement. Disagreement,
and the court directed them to try
again, remarking, 1t seems strange TO
me that you cannot arrive at YER
Diet
At : o'clock they filed in for the third
time. The foreman said: impossible
to agree" and another juror, stephen
\. Mclean. Of Cornwall, added
"Psychologically impossible Then the
jury was discharged.
Ii developed that Charles \. Reyn-
olds. Of Waikiki, known as juror No.
H. was responsible for the disagree
ment. This was confirmed by the other
Jurors after they were discharged
They said on the first ballot the vote
stood 10 TO for conviction. That was
ten minutes after they retired for de-
liberation at 4:13 o'clock yesterday af-
N tcrnoon At $50 o'clock last night the
N vote was II to ! for murder in the
first degree. and from that time on
there was no change. The jurors say
they tried TO get Reynolds 10 agree to
Gibson's guilt Of crime Of lesser de-
gree than murder in the first. but he
firmly refused.
District Attorney Wilson said to-
night that he was uncertain what move
would be made in the case next. For
the present. he said. he would let the
matter rest. Night before last he made
the statement that in the event OF a
disagreement Gibson would not be
brought TO trial third time in Orange
County during his term as District At
toTney.
Assistant District Attorney Murphy
Of New York City, is here with war
rants for Gibson, charging him with
grand larceny and forgery in connec-
ton with the handling OF Mrs. Szabos
estate. There are four indictments,
three for larceny and one for forgery in
the second degree 1t is believed that
Gibson will be turned over to the New
York County authorities. Gibson did
not seem much pleased with the result
Of the trial. He had hoped for ac-
ouittal