The Washington times., 1915-07-05
HENRY PROSECUTION
RESULTS IN M|STR|AL
Jurors, HopeIessN Disagreed,
Are Discharged by Justice
Siddons-TWo for AcquittaI.

After having deliberated since
o'clock Friday afternoon, the jury In
the case Of John william Henry, for
mer head of the bankrupt firm Of
Lewis Johnson & Co., bankers and
brokers, charged with the embezzle-
ment of checks aggregating s41,6S9
intrusted to him by Mrs. Isabel Bark
lie, of Wayne, Pa, for stock specula-
ton, was discharged yesterday after
noon by Justice Siddons in Criminal
Court No. 2. The Jurors announced
that they were hopelessly disagreed
1t Is understood that the jury stood
ten to two for conviction, Foreman
Benjamin M. Mundell. and William T.
Betz holding out for a verdict of not
guilty.
Although before the defense began
the Introduction Of evidence eight
counts in the indictment charging
larceny after trust were stricken out,
counsel for Mr.. Henry succeeded yes
terday In having the court direct the
jury to return a verdict Of not guilty
with respect to them.
The Jury.
The Jurors were as follows: Arther
M. Connor. 45, real estate broker;
Clifford c. Wineberger, 43, carriage
builder; Francis Endres. SO, dairyman;
Benjamin M. Mundell, 81, salesman;
Frederick w. Chartron, 81 bartender;
Robert c. Rice, 48, photographer;
John N. Harding, Sc, department store
superintendent; William T. Belts, 81
grain store manager; James S. Bolden,
20. colored, janitor; Cyrus Mantz. jr..
go. newspaperman; George M. Cor
don, 40, clerk; William F. Rawlings.
40, motorman.
Lengthy Charge.
Justice Siddons delivered a lengthy
charge to the. jury. taking just two
hours to give the instructions with re-
spect to the law in the case.
Nearly score Of exceptions to the
charge were taken by counsel for the
defendant before the jury retired but
no additional instructions were given
by the court.
The trial began June 8, and each day
the courtroom has been crowded. Unit
ed states Attorney John E. Laskey and
his assistant. James B. Archer. repre-
ssented the Government. while former
Sustice Daniel Thew Wright and r.
Morris Wampler, former assistant Unit
ed States Attorney. We're counsel Tor
the accused broker
Interest In the trial was added nv tba
fact that 1t was Judge Wright's frst
app earance before q Jury as counsel
since he retired from the bench a wear
dons. 'e 'iu-
Dogged Defense.
A more dogged defense in the local
criminal courts has probab bly, never been
made. Counsel for Mr.. Henry have
vigorously fought every move of the
Government since the broker was in
cicted, and have thrown about the case
ties.
Each day during the trial Mr.. Henry's
wife. mother. and sister have occupied
seats beside him. Sprinkled among the |
spectators spec S1t: every day have been fash
prominent business men have been in |
attendance throughout the trial.
Inc or1gina! indictment against Mr.. |
Henry on which he was tried. CON
Of the checks and the |
others charging larceny after trust Of |
the same checks, but counsel for the |
defendant succeeded in having the court |
direct the Government to elect either |
set of eight counts. The prosecutors
chose to stand on the embezzlement |
counts.
Familiar With Couple.
feet that Mr.. Henry first became we'll
acquainted with Mrs. Barklie and her
husband. Archibald Barklie, when they |
spent the winter in Washington several |
years ago. Mrs. Barklie testified that |
she gave Mr.. Henry the checks at va
rious times for stock speculation.
The contention Of the defense through |
ous vas that Mr.. Henry actually used |
the checks to procure 800 shares of |
Mexican petroleum stock. Conflicting |
testimony in this regard was given and |
different deductions We're drawn by the |
respective counsel as to what the books |
OF Lewis johnson & Co. showed.
The indictment of Mr. Henry followed |
closely the crash of the firm of Lewis |
Johnson & Co. last December The firm |
was established in 1858 and its clients |
included some of the most prominent |
and Wealthiest citizens of Washington. |
~NH-E