New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-01-10
pockeieller, BrOoker,
pratt.Lcdyard.R Rob
bins Not Freed.
SPLIT VERDICT
JUDGES ADVICE
Barney. Taft, Hemingway
Robertson. Brewster and
NcHarg Acquitted.

g, ~ the defendants IN the Ne"
60. ease we're found not guilty yes
...3,v while the jury was unable to
...,s IN verdict concerning the other
-. Those acquitted were D. Newton
s,--ey. Roeert ". Taft, James 5. Hem
.--usv A. Heaton Robertson, Fred
.-... r Brewster and Henry X. Nc
s,-~ Those upon whom the jurors
.,-s unable 20 agree were William
e,,sefsucr Charles F. BROKER
Charles 81. Pratt. Lewis Cass Ledyard
.,s Edward D. Robbins Eight jurors
yo,es 10 acouit these defendants also.
This +-5tar of the jury was accept
81 bv the court ffty-one hours after
81. case had been placed in its hands.
4, noon Yesterday. or forty-slx and a
.s'f hour. after - took the case the
.--,. ~s.r--ef into court and the fore
nan. ctepter ID. Hirschmsn, announced
.,,. -te-c was no possibility OF sn
,rrecncut
81 40 not wan. 20 know how you
stand" said Judge Hunt. "but is your
4@eu.t. ovcr some phase Of the evl-
.,-ce o- .lo law In the case II so,
,o, csr have that portion Of the ev'-
ssrce read. or shall be glad 10 explain
ans pom. ;n the law involved to YOU.
~Tbc ury feels that it understands
.ss case thoroughly, and that it can
..vs- reach verdict" Mr.. Hirschman
replied
Judge Hunt spoke Of the great
amount Of time and evidence that had
been spent on the trial and Of the in
ror.ance for an parties at interest that
rsr3.c. bc found. If that were at all
ross.be. lie then instructed the jury
.-a, :, could bring in a split verdict
,n6.-r .s 20 each defendant individu-
s,y. either guilty. innocent or disa-
e-eerert. as the case might be.
Another Effort Made.
q shall ask you 20 retire once NOR,
and try 90 reconcile your differences as
20 some Of the defendants. if not as to
au," Judge Hunt said. "if you can con-
scien.ious'y do that
The jury retired i was evident
they were preparing 10 settle down for
prolonged fight. as two Of them asked
20 be allowed 10 20 out 20 get shave
Then they were all taken 70 dinner
Nothing was heard from their room
until $3.50 o'clock. when word came
they ve-, ready 20 report.
There uas no mistaking that they
lad reached wha. they considered an
end O.. ther labors, as each took his
hat and ovcrcoa. with him to the jury
box The foreman read the names OF
'te defendants and the findings in re-
gard 60 them. The court then asked
al o. tho iurymen whether there was
,ry possibility Of their agreeing on
.ry more Of the names, and when they
s.d chat such a thing was hopeless he
discharged them
B.. telling oS trc deliberations in tho
r..m affcrvard members said that
bad been only the Judges advice
.st '... could bring in a split YER
tr THAT had made any agreement at
a. possible. Until then they were
.-oa -p ~ two adamant parties, eight
beng in favor Of blanket verdict &C
quitting al. the defendants.
Tine other four were convinced that
tae government had proved beyond a
reasonable doub, that there had been
conspiracy by the New Haven men to
moropo.ize New England transporta-
'on. and that az least some Of the de
.'haan's should be punished for their
share in d.
Differed About Conspiracy.
.re fundamental question TO
.'aer d conspiracy had been shown
.a, the poiu, we differed on from be-
-..n'hg 70 end said Mr. IIirschman.
" e took many ballots. but most Of our
Tine was taken UP in debating whether
''e conspiracy was shown. We did not
Take up the matter Of individual guilt
" innocence until after the judges
.'''iucuons this noontimc."
G. 4. fla;. who was Juror No. 10.
-'''eo as the clerk Of the jury. lie
'''d that in all eighteen ballots were
""en. The first ballot stood six for
'qlii'ai OF all defendants. four for
conviction and two not voting.
u"'t TWO were Mr.. Flint and Mr.
''"han. They cast blanks. he said.
~"st' although each had his convic-
.'s' .V.s' 'hey wanted TO hear a discussion
'', lore voting.
ne mex, ballot was seven for ac-
la three for conviction and the
,1o TWO still blank. Friday evening
-r,..''o.'e VOC swung 20 eight for general
I..''al, thfec FOR conviction and Mr..
is.. s"H casting "a blank. Hirschman
gone over 20 the majority.
Jay night the vote stood ( TO 4
Continued on Jag. 4. column /