The sun., 1916-01-10
JURY DTSAGREES ON FIVE
N. II. MEN; SIX ACQUITTED


Continued from First Page.
stand. but I should like to know In a
general way whether your trouble arises
from any possible misunderst anding of
the evidence or tho construction to be
placed upon the charge by the court.
which understanding might be relieved
by having portions Of the evidence or
the charge reread to you.''
II am confident, your Honor" re-
sponded Forepan stephen y. Hirsch-
man. that the Jury understands the
case thoroughly. but we can never con-
cur" He paused and then added. But
II any individual member Of the jury
desires TO make request for rereading
OF any evidence he may do 80 now"
Aided BY the CsuPt.
When no Juror took the profYered op-
portunity to speak Judge Hunt con.
tinued In a manner that plainly showed
his sympathy and appreciation OF the
strain the men were under. He again
impressed upon them the great impor-
tance Of the case gently told them not
to yield their condolences. but TO confer
deliberately and dispassionately. He
asked them once more to retire, suggest
ing that the law does not ask any one to
yield II his individual viewpoint IL 30
soundly predicated on the evidence that
he feels he cannot.
III after you have done this with
| painstaking care" continued Judge
Hunt you ind that you cannot reach
| a unanimous conclusion concerning the
evidence as to all the defendants, try
your conclusions as to some Of them.
| This you may do. It may be that you
could reconcile your differences a. 10
| some OF the defendants and not a. TO
| others. In such circumstances you
might file a verdict as to some OF the de-
| PENDANTS while disagreeing in regard to
others"
To those in the court room experienced
| In the study of Juries those few remarks
Of tho court appeared to fall as boon
on the ears Of the twelve men. notlceably
| tired and worn by the stress OF their
two days wrungling When they left
| the court room to begin their struggle
anew, about ten minutes after ~. there
| were brighter prospects for a verdict Of
some kind soon. But the Jury went TO
lunch at I o'clock without a sign Of
settlement. II was not until a few min
utes before p. VI. that word reached
Marshal Thomas Mccarthy that tho Jury
again wanted TO see Judge Hunt.
No one in the court room or the cor
ridors seemed to have any doubt that a
verdict had been reached. Speculation
this time WAS not whether there would
be verdict. but what II would be. And
the guessers congratulated themselves In
the few minutes that elapsed between the
assembling OF counsel defendants and
newspaper reporters and the entrance of
the jury minute or two after 1880
o'clock.
| Verdict Returned.
Every Juror had his overcoat and hat.
That meant something. one had a pack
age OF liniment which somebody had sent
him for sore leg. Foreman Hirsch-
man held a yellow sheet OF paper In
his hand Judge Hunt inquired:
4 Gentlemen. have you reached a ver-
Dict"
We have" answered the foreman.
Have you reached a verdict as to all
Of the defendsnts?"
mo"
''To some?''
"Yes. 10 some"
"Mr. Foreman" said the court. 'Iet
me ask you whether or not you believe
that II is impossible for you to agree
ants"
II, Is impossible" answered Hirsch.
man.
lis that generally the view OF the
Jury. thot such verdict would be Inn
possible"" The jurors nodded assent.
Am I to assume. them continued
Judge Hunt. that you believe II would
be useless TO deliberate further as to
those upon whose cases YOU cannot
agree"
Yes" said the foreman.
Then. gentlemen. what is your YER
dict?"
Hirschman glanced down at the paper
In his hand then read:
I'VE find the defendants Barney. Taft
; Hemingway. Robertson. Brewster and
McHarg not guilty. We disagree as to
: the defendants Rockefeller. Brooker
Pratt, Ledyard and Robbins"
Clerk OF the Court Elmer Westervel'
then polled the Jury.
"Gentlemen." said Judge Hunt, "be'
fore dlscharging you finally. let me thank
you for your faithful attention TO the
duty that was imposed upon you. Yor
deserve particular commendation from
the court for your dignity and circum
spection during the last few months
Then to the court room:
The defendants who have been found
not guilty are discharged from custody
As to the others. their cases will stant
on IN. calendar for such other dispos!
ton as may be made later"