New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-10
JURY O|SAGREES IN
SUIT AGAINST OSCAR
Impresario MAY Not Have to
Repay $4,000 Stotesbury
Gave Him for Opera.
ANOTHER TRIAL PROBABLE
First Poll s to 4 Against Bank
! Ell, Then Same for Him, on
/ Which Count Came
Deadlock.

/ The jury failed To agree yesterday
whether the s3a9s0 advanced by Edward
IT. Stotesbury. the Philadelphia banker
10 oscar Hammcrstein. the impresari",
was a loan or gift. and Judge Mayer
! discharged the Juror. Dispatches from
! Philadelphia quote Mr.. Stotesbury as say
ing he inrerds 10 press for rotr!al.
! For nearly four hours tho jury debated
the case and weighed the assertions male
/ by Mr.. Stotesbury' that the amount was
: a loan. and the rcjoinGer o. Mr. Ham
merstein that the fnancirr had given tEa
money outright 10 make possible a till
/ opera season IN Philadelphia in 1910
: At first the scales seemed to incline
I toward Mr.. lIammerstcin. when oght
jurors came out favorinc him. while foui
/ took NJ Stotesbury's side For q Will.
no change was made in the situation ard
finally the jurors went before Judge
Mayer asking that certain parts OF tho
testimony be read Ia them.
They returned 10 :leir deliberations,
and slowly the situation was reversed,
eight jurors being for Mr. Stotesbury and
four against him. These four men. how
~ -
/ ment Of the fellow jurors seemed to inn
press them. so that II was decided to r..
port on q disagreement.
! In summing up yesterday Louis j. Vor-
taus. counsel for Mr.. lIammerstcin. went
again Owe the ground Of tho various
/ financial transactions between Mr. Stotcs-
, bury ana the impresaro smphas zn 2
that whenever money had been advanced
with tho expectation ~ repayment secur-
ity had been demanded and received by
the banker
/ lie laid stress on Mr. Hammersieln's
acknowledgment Of the donation" Of
I tio."" made 10y Mr.. Stotesbury la the lat
t.r's'pro scnce at the closing performance
in the Philadelphia opera House. and
declared that the banker. by thanking
; Mr.. lammerstein for the eulogy. ac-
b quiesced In this understanding
7 James VI. Beck. ~ counsel FOR Mr..
. s;otesbury. summed up for the banker.
+ iIc compared tie public statement Of Mr..
: Hamm crstein. made before the curtain.
4 with those OF +. 7 Barnum and Artemus
Ward. The lawyer cited Bainum's de-
, fence FOR eXaggeratc6 statements that
; the American people love 10 be fooled. -
aud h. said that when some one had
asked Ar,emus Ward what his principles
were Ward had reilied that he had no
principles. hc was In the show business.
The language of the Snowman is sim
/ liar 80 that OF the impTc Nj. Beck
said When you read Of The Greatest
Show on Earth which has played to ali
3 the crowned heads % Europe. you don't
call the Snowman liar. That's Just show
! ]. ueuage. and impressfio language. too.
Then why should Edward 7 S,otes-
hurry pay 5000 To be euloeized by oscar
. Iammerstcin ~ \ public benefactor.
( when everybody knows that eStravasant
+ language - natural TO opera lmpfesalios.
and no one pays any attention to ther
outbursts from stages OF ia interviews
Mr. Iiammerstein was not In court 10
receive tic glad tidinss that he would
rot have to pay the 1922. hut the news
+ Was Mashed 10 him over the telephone ny
his counsel
lI.g Telegraph to TIE rtlar".I
Prngdelphla. Jan. Edward i. StOt''-
bury said tonight h- would immediately
s.V, Instructions 80 his attoin"Ns 10 haN'
III, uaI,uerst,.in case retired at IN"
March term.
Il understand that the jury stood -
4 in favor OF giving me . verdict sa''
Il..H.f .