Daily capital journal. (Salem, Oregon) 1903-1919, 1913-03-08
.DARROW JURY HANGS
It STANDS 8 TO 4
After Being Out 38 Hours the
Jury Cannot Agree and Is
Discharged.
EIGHT FOR CONVICTION
barrow Was Disappointed and In.
slSts He Should Have Been
Cleared at Once.
EIGHT FOR CONVICTION

Los Angeles, Cal, March S.-After
deliberating 3S hours and forty min
utes the jury that tried Clarence S.
Darrow on a charge of bribing Robert
! +. Balm, a juror in the Mcnamara
trial, reported to Judge Conley today
that 1t was hopelessly disagreed. The
jury was discharged after the courts
formal poll of its members showed
that it stood s to 4 for acquittal.
The report of Foreman Pettingill
was received in silence by the crowd
that packed the court room. There
was not sound but the shuffling of
feet when the result had been an
nounced.
Foreman Pettingill confirmed the
following alignment of jurors on the
final ballot:
For acquittal-Sylvester Grant, ]. II.
Robinson, r. A. Burner and Silas Nit
chell-4.
For onvlction-Walter f. Arms,
George C. Hempel, William H. Earnest,
Byron C. Street, N. w. Hughes, David
Dunn Frank NJ Sanderson and John
S. Pettingill-S.
After each juror had individually
assured the court that his opinion had
been registered unalterably, Judge
Conley asked:
What say the people?"
I'VE will leave 1t to the court" re-
piled Assistant District Attorney Ford.
What Bays the defense?" asked the
court.
I'VE leave it to you" replied Defense
Counsel Powers.
The court then complimented the
jurors for their patience, thanked them
for their service and dismissed them.
Powers then arose and demanded
that a date be set for the next trial on
the indictment. Ford replied
There probably will be no reason
for so doing"
Acting upon Powers request, Judge
Conley fixed March 81, at 10 o'clock in
the morning as the time Tor the trial.
He added that if the prosecution moves
that the case be dismissed, any supe-
rior Judge is empowered to dismiss It..
The matter Of another trial now
rests solely with District Attorney
Fredericks, Darrow, 1t was reported,
would demand that he face another
jury. Immediately after the disagree
ment, Fredericks said: 80 far as |
know now, the case will be continued.
That Is the way we usually do in such
matters-keep on trying until an
agreement is reached, / have not
given the matter consideration yet"
Darrow Is apparently greatly disap-
pointed by the result of the trial. Sur
rounded by his friends, he refused to
comment at length in the court room
upon the case. He said:
81 should have been acquitted on the
evidence, at once, but wasn't. shall |
stay here and fight as long as they
want me TO-"
District Attorney Frederlcks de-
clared late today that he will bring
the Darrow case to trial again.
1T Is still on the books" he said,
'and l will go ahead with IT, That's
what I'm here for | have no further
plans TO announce now"
Mrs. Darrow, pale and tense, receiv-
cd the shock brayely She turned and
smiled at her husband whose face was
lined and weary But almost Immc-
diately Darrow grlpped himself and
his attorneys in the move to
have another trial date set
When the court formalties we're
the crowd was driven from
The room by deputies, but not before
score Of the defendants friends had
gathered about him, slappng his
=houldors and assuring him Of their
friendship and loyalty He walked
from the court room with his wlfe's
arm through his, surrounded by
friends and the center Of a pushing,
showing mob that tried to get within
hearing distance
During the crush that followed the
Iurys report several women sobbcd
Two were aided from the
room, faln. from excitement and emo
ion.
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