Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1914-11-24
TWICE IN JEOPARDY" CLAUSE
OF CONSTITUTION ATTACKED
Amendment Proposed Empowering
Judge to Discharge Deadlocked
Murder Juries,

SCRANTON, Pa, Nov. 24.-When the
Legislature convenes in January, Sem
ator-elect William NJ. Lynch, NJ. D., OF
this city, Is to introduce resolution
amending Section 10 of the state Con-
stltution, the clause that provides that
mo person shall, for the same offense,
be twice put in Jeopardy of life or limb"
II finally adopted by vote of the people
in 1917, the discharge of juries empaneled
in homicide cases in Pennsylvania, where
the Commonwealth presses for a verdict
OF first degree, will be left to the dis
cretion of the trial Judge. AS the law
stands in this State, there cannot be n
disagreement in a murder case where the
jury Is asked to return the defendant
guilty of murder OF the first degree.
Failure of the ~ men who last month
heard the testimony in the case OF Will
liam Pegram, a Negro, charged with the
murder of Mary Quinn, in this city, IL
years ago, to reach an agreement until
nine days after Judge H. NJ. Edwards
had concluded his charge, has resulted
In the movement to strike the twice in
jeopardy clause from the Constitution.
Judge Edwards and Judge e. C. New
comb are heartily in favor OF the propo-
sition, ut Is a forced verdict and does
not represent the honest and conscien-
tious convictions OF the IL jurors" is the
way Judge Edwards expressed himself
when asked what he had to say OF a
jury's action after 1t had been hopelessly
deadlocked for days.
The Pegram jury came to an agreement
only after the majority of the jury, who
were for first degree from the outset,
finally switched to the lone juror who
held out for a second degree verdict with
an extreme mercy recommendation to
the court.
IF the jury in homicide case has
been out number of days and the Judge
is satisfied that II cannot agree on a
verdict and that II is useless to keep
1t together any longer, his Judgment as
to the time OF the discharge of the jury
should prevail" Judge Edwards says.
Judge Newcomb takes the same view
He says IL is high time that Pennsylvania
wiped the twice in jeopardy" clause
from it's Constitution.
II am very much in favor OF the pro-
posed modification of the section OF the
bill of rights that deals with the trial
of persons charged with homicide" Judge
Newcomb says. "Other States have adopt-
ed 1t and the plan has worked well. The
United States Supreme Court takes the
same view. 1t should be left to the trial
Judge to say when a jury had spent
enough time trying to reach an agree
ment in first degree cases"
In 1887 when Judge Edwards was Dis
trict Attorney and Judge Alfred Hand
was on the bench, three men were tried
for hrst-degree murder here, After the
jury had been deadlocked for several days
the court ordered their discharge and
directed that the case be placed at the
head OF the trial list at the next term.
When the time for the second trial
arrived counsel for the defense set up
the plea that their clients were being
put twice in Jeopardy" and asked for
their discharge Judge Hand took the
same view and the defendants went scot
dUUa DC -,
the Supreme Court, but the highest tribu-
nal In the State refused to disturb Judge
Hands ruling. 1t is still the law In
Pennsylvania.