New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-12-31
SCHMIDT JURY
IS DISCHARGED
Bitter WrangIe of More
than 80 Hours Fails to
Bring Verdict.
TWO HELD OUT
FOR ACQUITTAL
FOreman's Attempt to Criticise
Stubborn Jurors Stopped
by Court.

After almost thirty-three hours OF
bitter personal wrangling the jury in
the case OF Hans Schmidt, the priest
SLAYER OF Anna Aumuller, reported
last night to Judge Foster that there
was no hope Of agreement. The jury
was discharged soon after 10 o'clock.
Two members OF the jury stubbornly
held out for acquital on the ground
that he was insane. The bitterness
that had characterized the delibera =
tions OF the jury from practically the
beginning found its way into the offi-
Cial minutes of tho trial when Law
renee Ottinger. foreman Of the jury,
gave his reply To the formal query from
The. clerk as To whether verdict had
been found.
Your honor" Mr.. Ottinger said.
there is absolutely no possibility OF
our coming 10 an agreement. We are
exactly the same on the last ballot az
we were on the first. We have in our
midst two jurors whom the rest con
slider absolutely mentally, Temperament
tally and morally unit to he jurors.
We
At this point former Judge Olcott. OF
counsel for Schmidt objected. and the
court cut Mr.. Ottingcr short. saying
there was no need To so further into
what had happened in the jury room
He then discharged tho jury. express
ing regret that they had been kept to-
ecthcr 80 long without result
The tyo jurors who stood for ac-
auittal were John GriNlch, Of No. 'a'
West l60th street. and william Nc
,ur0o OF No. 81 Hamilton Place. i've
g. .hc Youngest men on the jury. botr
,,ing about thirty years Of age. They
loft the court Immediately and alone
., soon os tie Jury was discharged.
Although hope had been given up 10y
he Jury early Of reaching an agree
,n.ut. many efforts were made IoT
,..mprnmisc. Twice during the iat'
afternoon the jury came into the court
d -uom for instructions. which INDICATED
D. ,,c line Of compromise they were "ork
/ ing ON. once they asked the Judge j
I thoy could bring in conditional Yer
/ diet and whether any consideration
would he given To recommendation
{ they might make
/ ON the first point the court told then
they could only bring In either yer
dict Of guilty in the first degree a'
nulttal on the grounds NJ INSANITY o
unconditional acquittaL As 10 recon-
nrendat;ons. he said the jury had no'h
,ng Ia do with tho punishment. and tn
curt could only impose the sentence
pro,i dcd 10y Law. although the recon-
nepdation would he sent 10 the Gov
,rnor who had power 10 alter the sen
tencc
. 4, was learned that the jurors wer'
irving to agree on some plan whereof,
schmidt could bc found guilty and stu
escape the death sentence. yet be KEEP
IN prison FOR life. Those who stood 10
a verdict Of guilty wanted TO make sur
that lac would not he sent to Mattea
wan as they feared he would be abl
finally To get his release from that In
stitution.
Following the discharge OF the jur.
Mr.. McAulifie was asked as TO TN
plan for compromise verdict.
we stood for acquittal on m
ground ~ insanity" he said. Tina
MatteaWan proposition was the az
gumcnt the other 'boobs' put up 10 as
saving he would be sent To MatteawaI
II acquitted on that ground. But tn"
could not change Va.
# stood out for acquittal.' said 81
lGriylch, because ] was convinced h
was insane when he did this act, hot
by the testimony Of the medical *
perts and the mans past history"
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