New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-09
One Who Stood for AcquittaI of
Meyers Threatens Man Who
Opposed Him. Fore
man Declares.
DISMISSED BY THE COURT
Fail to Agree After 48 Hours,
II Being for Conviction
Judge Mack Angry, In
creases Bail of Both
Defendants.


With eleven jurors for conviction and
one for acquittal the jury in the case
Of Archie l.. Wisner and John j.
Meyers, who were tried for using the
mails to defraud investors. was dis
missed yesterday after forty-six hours
Of deliberation. They reported to
Judge Mack, in the United States Dis
trict Court. that there was no hope for
an agreement.
George l.. Damn of No. S West 1876
street. a member of the jury. said that
the tension between the eleven jurors
who agreed on conviction and the one
who opposed them was so high at one
moment that the lone juror threatened
one of his colleagues with violence il
he spoke to him again about the case.
The juror opposed to conviction was
John W. Stevens, a builder. Of No. IS
West 94th street. William n. Harmed,
Ipi VI 'h' Jul Soi' eh' Wv iSiS''
of eleven to one was reached at tho
end Of the first seven hours Of delibor-
alton and remained unaltered until the
jury's dismissal. Mr.. Stevens. he said.
was willing TO convict Wisner but de-
clined to change his mind as to Meyers
and refused 10 listen 10 all further ar.
guments.
Damn said that stevens appeared 10
be against the other jurors from the
beginning. taking Meyers's part. Hc
declared. Mr.. Damn went on, that most
Of the witnesses from California who
had testified at the trial had lied. AMI
that he would never believe what they
had said. Finally nc refused TO listen
10 the other jurors.
Judge Never Saw Clearer Case.
Judge Mack's view OF the situation
was expressed clearly by him after the
dismissal Of the jury, when the ques-
ton of increased bail for the defend
ants was argued, Judge Mack said:
Never in my experience have ! seer
a clearer case for conviction or damag-
ing evidence better presented. 1t Is al
most incomprehensible to me how any
man on the jury could have stood ont
for acquittal."
A bulky statement. embodying de-
tailed description Of what had hap
pened in the jury room, WAS submitted
20 Judge Mack by Mr.. Damn. The
foreman of the jury was closeted with
the Judge for some time after the
iurys dismissal, but Judge Mack de-
clined to say anything az TO the In
formation submitted to him.
1t was the duty of the government.
Judge Mack said from the bench. to
bring the case To trial again immedi-
ately, and Henry 4. Wise, United
States Attorney. informed the court
that he would do so as soon as he
could get the witnesses here.
And the defendants know as well as
your honor or | what the outcome OF
this trial will be-" said Mr.. Wise. Il
can assure you that there will not be
another miscarriage Of justice"
The ordeal through which the eleven
Jurors passed was nerve rackins. ac-
cording to Mr.. Damn. They retired TO
the Astor House at $50 o'clock on
Friday for their second night under
guard Of marshals. None of them could
sleep, he said, and by o O'Clock yester-
day morning they got up, anxious to
try again what they could do to reach
an agreement. They were in the jury
room at s O'Clock. but within few
minutes 1t was apparent that the situa-
ton had not changed overnight
Tried to Agree but Failed.