New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-13
Eleven for Conviction on Final
Ballot After 25-HOur De-
bate Over Sergeant'S
Guilt.
FIRST VOTE STOOD 9 TO 3
Prisoner Bail Reduced to S. =
600 by Justice Golf in Prep.
aration for New Trial on
One of Remaining
Indictments.

The jury before which Peter J. Duffy
police sergeant. was on trial in the
Criminal Branch Of the Supreme Court
was discharged by Justice Goff yester-
dav after il had been out twenty-four
hours and twenty-five minutes without
reaching an agreement. The jury stood
eleven TO one for conviction all day
yesterday.
There are FIVE other indictments
against Duffy, and he will undoubtedly
he tried again. II is probable that he
will be tried upon the same Indictment.
Several Of the jurors said that it would
be impossible to present a better case.
Justice Goff. at the request Of
Abraham Levy, Duffys counsel, re-
duced Duffy's bail from $500 to
$1,000 and paroled him in Mr.. Levy's
custody until to-day, when he will fur
nish bail.
Took Fourteen Ballots.
The jury took fourteen ballots. The
first one taken before 8 o'clock on
Wednesday night, showed nine for con
viction and three for acquittal Soon
after II o'clock, when Justice Goff had
locked the jury up for the night one
man was won over 10 the stronger side.
There was little sleep for the jurors.
ANY Of the ten who happened TO be
awake took turns arguing with the
two, and il is TO be presumed that the
ten. collectively and individually, got
more sleep than the two.
Shortly before the jury went out to
breakfast at Z o'clock yesterday morn
ing the second of the three men was
won over to vote for conviction.
Harry L. Whaley juror No. 9, still
stood out for acquittal. He is said to
have argued that he wouldn't take the
word Of Henry p. Harris, negro waiter
in the poker room Of julius Roth.
Duffys accuser. against Duffy's word.
That left Roth practically unsupported.
he said, as the only other corroboration
of any account came from Eugene Fox.
who has himself pleaded guilty TO
bribery.
All day long the eleven argued with
the one, but without avail, and at $50
o'clock Yesterday afternoon they came
into court-twelve weary and belrag-
gled men.
Foreman Explains Failure.
1T is desirable" said Justice Goff,
that If It is al all possible you come to
an agreement in this case. Cen you
say that you have exhausted all the
means at your disposal?"
Il consider that we have, sin" said
Rigbg d. Valiant. foreman, who
studied at West Point.
Are your difficulties upon questions
Of fact alone?'
They are upon questions Of fact
alone. sir" said Mr.. Valiant.
You have now been considering this
case for more than twenty-four hours"
said Justice Goff 1T now becomes my
duty to discharge you if there is no
further possibility Of your reaching an
agreement, although | regret TO do so,
not only because it entails further
trouble and expenGS upon the state, but
also further anxiety and delay upon
the defendant. He has a right. Of
course 10 have his status determined
as soon as may be-"
Justice Goff then discharged the jury.
It was said that Harry T. Hamilton
and Theodore Corbett were the two
men who at first shared Mr.. Wnaley's
belief in Duffy's innocence.
Duffy was charged with collecting
$50 a month as protection money"
from julius Roth, who ran the Aca-
demic Club, a gambling resort, in West
llSth street