Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-07-05
CASE Of JOHN v. Henry
RESULTS IN A M|STR|AL
Two Jurors Maintain Opinion Of
mot Guilty" for Period of
Fifty Hours.
Prosecution Declares That Former
Head Of Lewis johnson & Co. Will
Be Retired Early Next Fall.

Because two jurors maintained their
opinions Of not guilty throughout a
deliberation Of fifty hours. the case Of
John William Henry. former head of
the bankrupt brokerage firm of Lewis
Johnson & Co., indicted for embezzling
checks aggregating $4,000 from Mrs.
Isabel A. Barklie of Wayne, Pa, re-
suited in a mistrial. The case has &C.
cupied the attention of Justice Siddons
in Criminal Division since June 8
and has been stubbornly contested. The
final ballots of the jury are understood
to have shown ten for conviction on
at least two counts and two for &C
qufttal of all charges A verdict of not
guilty was rendered on eight counts Of
the sixteen.
United States Attorney Laskey, when
asked If Henry would be retired on the
remaining counts, was emphatic in his
declaration that the case would be set
down for another trial early next fall
as shortly after the reconvening Of the
courts as the congested Jail condition
will permit.
Early Balloting Favors Defendant.
The early balloting in the jury room
is said to have been in favor Of the
defendant. Until Saturday morning, it
is stated, seven jurors voted not guilty
and five guilty on all the counts. The
charges were then taken up separately,
it is understood. and some that had
voted not guilty changed their views
The sixth ballot, taken Saturday after
noon. showed. ten for conviction on
some of the counts. The two others held
out for acquittal. No change resulted
on future ballots. 1t is understood
Justice Siddons. on reflection, decid-
ed not to keep the men locked up over
the holiday and sent for the Jury yes-
terday afternoon. In response TO his
inquiry concerning an agreement Fore
man Mundell declared no verdict had
been reached.
Have you reached an agreement on
your" asked Justice siddons.
We have not" said the foreman.
Not Slightest Chance for Agreement.
DO you consider that there is any
possible or probable chance that you
may reach a verdict" inquired the
court.
Not the slightest" said Mr.. Mondell
Attorneys Daniel Thew Wright and T.
Morris Wampler for the defense then
| requested that the jury be allowed to
return verdict Of not guilty as to
the even-numbered counts of the in
dictment. which had been abandoned by
the government when required to elect
| between the charges Of embezzlement
and larceny after trust. The former was
set out in the odd-numbered counts
and the latter In the even numbers.
Clerk Lemon then took the verdict of
not guilty as to eight counts Of the in
dictment and no agreement as to the
other eight charges. The jurors were
allowed to return to their homes, after
| an absence since Friday morning.
Form Of Verdict Unusual.
The acceptance of verdict in this
form from jury is unusual in local
| practice, and persons attached to the
| court for many years could not recall
today that 1t had ever been done.
Counsel for the defense are reported as
claiming that it is unique in American
Jurisprudence.
Assistant United States Attorney
Archer. who aided in the prosecution.
was not present when the jury was
discharged yesterday. Henry's wife.
mother and sister, who had been near
him each day Of the trial, were not in
court when the report OF the jury was
received.
The few persons present yesterday
made a striking contrast to the crowd
ed condition of the courtroom through
out the trial, and especially during the
arguments to the jury, when standing
room had been at premium.