The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-04
CLIFFORD JURY Is
LOCKED UP FOR NIGHT
After Three Hours DeliberatiOn
Asks Court About "Scc-
Ond Degree.

ALBANY. July 3--Dea blocked over the
degree OF murder for which Malcolm Gift
ford Jr.. should be convicted. the jury into
whose hands the Tate OF the boy was
placed shortly after G o'clock tonight
were locked up at midnight. County
Judge Addngton adjourned court until
10 o'clock tomorrow morning.
Indications are that young clifford has
no chance OF being acquitted. This be-
lief was confirmed when the jury inquired
OF Judge Addin2ton whether or not Il
could convict him Of murder In the second
degree Giford's family Is hopeful to-
night that the jury will disagree. one
Juror II is said, Is holding out for ac-
quittal on the ground that the evidence
against the boy is wholly circumstantlal.
Six OF the jurors were said to favor
conviction for first degree murder. while
FIVE were disposed to convict or a lesser
degree OF murder or manslaughter.
Judge Addlngton advised W. T. Jerome.
Gifford's counsel. IN court Just before ad-
tournament that he had investigated the
story that Sheriff Peaselcy had taken the
Jurors on an automobile trip out TO the
scene of the murder and found II to he
without foundation. II was reported that
the Sheriff gave the jurors an automobile
ride out OF Albany county last night. but
MIR Jerome pointed out that there was
nothing In this that would invalldate the
trial
The inquiry Of the jurors as to their
mower TO convict for murder In the second
degree killed the hope Of the Clifford fam
is for an acqu!ttal. The parents or the
boy We're stunned by the inquiry. and his
brother Benedict broke into tears In the
court room
Malcolm clifford himself In broken in
spirit When brought into court just be-
fore adjournment he showed plainly tha'
the wait for verdict was unnervng him
His smile was gone and he kept hold
ON his fathers coat sleeve, something I'M
usual for him. while Judge Addington was
talking to Mr., Jerome.
shortly after Q o'clock TIA" Jurors filed
out and the foreman asked Judge Adding
ton ii they could return verdict ol
murder In the second degree, CLIFFORD
who was in the court room at the time
showed no emotion. His brother Benedic,
saw the handwriting on the wall and
burst into tears. fiford's father took
this inquiry as a hard blow. His mother
was weeping when the jury filed GU; OF
the court room again.
Upon the motion Of Attorney Jerome
Judge Arlington instructed the jury abou
second degree murder and also about the
grounds upon which manslaughter Is
based.
Gifford's parents returned 10 the cour
room short lime before o'clock. Mrs
clifford was nervous, but the father Of th'
! boy maintained his 'omposure lie talked
constantly TO mis- wife in an effort to keeI
her mind off the subject OF the Jury
| Fashionable friends OF the family grad
| ually swoled the circle until the space re
! served for the Gffords inside the rail wa
| filed
/ Judge Addington completed his charge
! to the jury shortly before 6 o'clock IN,
| case went to the Jury al Q rs, The Judg'
dwelt on the question OF reasonable doubt
urging the iurymen TO give the defend
ant the benefit Of real consideration!
/ doubt