Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1913-03-08
THE DEFENDANT is SURPRISED
THE ACCUSED LAWYER SAYS HE
CONFIDENTLY EXPECTED AN
ACoUITTAL
MAY DISMISS The INDICTMENT
THE ACTION MAY NEVER COME
UP FOR RETRlAL, 1T Is AS
SERTED

Los Angeles, March S.-The jury
/ trying Clarence S. Darrow on a charge
of jury bribery stated at 11:35 o'clock
that it was unable to agree and
Judge Conley discharged the jury. The
last ballot stood 8 to 4. but whether
for acquittal or conviction was not
stated Darrow's counsel Immediately
announced that he should ask for
re-trial.
Mr.. Darrow asked that the time for
setting new trial be fixed a week
from next Monday. Deputy District
Attorney Ford was reminded by the
court that he had said during his clos
ing argument that he would not try
the case gain. Did this mean that
the indictment against Darrow would
be dismissed?
Ford replied that he referred only to
his own personal attitude and had no
authority to speak for District Attor-
ney Fredericks. Judge Conley then
announced that if the prosecution de-
cided to dismiss the indictment, it
could do so between now and the time
for the next calling Of the case, March
"a.
After further parley Judge ConIey
in his own motion fixed March 81 as
the date for a new trial which will
be the third on charges almost iden-
tical.
Damow thanked the court and
added;
@rn fight it out; should have
been acquitted on the evidence and
shall surely fare better next time.
The jury, it was stated, stood eight
for conviction and four for acquittal.
After celebrating since $3.50 o'clock
yesterday morning the jury that tried
Clarence S. Darrow on charge of
Jury bribery reported at 1913 o'clock
today that it could not decide wheth-
er the former chief counsel of the
Mcnamara brothers was guilty or in
nocent,
The vote on the last ballot, accord
ing to the announcement of the fore
man. stood II to /, but whether for
acQuttal or conviction he declined
to say.
The Judge said if there were no
objections he would issue further in
structions and send the jury back
lor further deliberation. This was
done and the jury retired at 1920
The instructions asked by the
jury concerned points relative to the
oredibility OF the testimony given by
an accomplce, who in the present
case, according to the contention Of
the prosecution. was Franklin, for
merly Darrow's confidential agent
and a convicted bribe gryer.
I The outstanding juror also wanted
more light on the legal principle of
a reasonable doubt. Judge conley
gave the jury typewriter copy of
the instructions, which he had al
ready read to them In these instruc-
tons Judge Conley informed the jury
that the testimony Of an accomplice
could not be credited unless 1t was
supported by corroboratiye evidence.
AS to reasonable doubt they must
not convict even on corroborative
evidence if they conscientiously be-
lieved there was reasonable doubt Of
guilt.
The announcement that only one
man stood in the way Of verdict
was a surprise TO all and frightened
the prosecution. Judge Conley an
nounced that If a verdict was not re-
ported at noon, he would not dis
charge the jury. as previously plan
ned, but would take a recess until 2
O'Clock this afternoon.
Darr0w was plainly worried