New-York tribune., 1918-04-28
Ten Reported to Have
Voted for Conviction; 2
Held Out for Acquittal
New Trial Set for June
John Reed Expected to Ap-
pear in Court Tomorrow
to Enter Plea

eve are utterly unable to agree on q
verdict" This was the report made to
Judge Augustus N. Hand, in the
Federal District Court, yesterday, by
the jury which heard the cases of Max
Eastman, editor of "The Masses; Floyd
Dell, managing editor; Merrill Rogers,
business manager, and Arthur Young,
contributing cartoonist, who are
charged with conspiracy to obstruct en-
listment and recruiting in violation of
the espionage law.
The jurors, who began hearing the
testimony two weeks ago, hadsbeen de-
liberating since Thursday night. 1t
was reported that ten of them were
for conviction, while two held out for
acquittal.
Judge Hand ordered 2 new trial set
for the June term. Assistant District
Attorney Earl Barnes said that John
Reed, the writer, who was indicted as
a co-conspirator, was expected back
from Russia to-day or tomorrow, and
that he would be added to the list Of
defendants. About the time that Reed
rograd that he had been accredited by
the Bolshevik government IS Consul
General, with headquarters in New
York.
Reed to Plead Not Guilty
Reed was not found, and the trial
proceeded without him, but Mr.. Barnes
said he expected this defendant would
appear in court tomorrow and plead
mot guilty" AS one of the contribu-
ters to "The Masses" Reed is charged
with being one of the prime movers in
the alleged conspiracy to use the maga-
zine as a means of obstructlng the gov
ernment's war programme.
The jurors made it emphatic that
they could not agree. Three times, af
ter they had been locked in the jury
room, they asked Judge Hand for fur
ther instructions, ana each time sew
eral OF the jurors said an agreement
"would be impossible" Judge Hand
said he was reluctant to dismiss them
until they had made every effort to
agree. Just before noon more than
usually vigorous knock on the jury
room door announced that the jurors
again wished 10 appear before Judge
Hand. When they were brought in the
foreman, William II. Cochrane, of Mount
Vernon, q tea merchant said:
Your honor, it is absolutely impos-
sible for us to arrive at verdict. We
are hopelessly deadlocked, and we ask
that We be discharged"
Jurors in Bitter Debate
Ought we to divulge what went on
in the jury room after we have been
discharged" 2" asked Henry c. Fred
ericks, {. juror.
II do not think you should go into
Details" said Judge Hand
1t was reported that the delibera-
tons OF the jurors were particularly
vehement, and some of them at the
end became bitter toward the two men
woo insisted on holding out for an
acquitta. 1t was said that these two
men disclosed socialist tendencies.
After the jurors had gone, Morris
Hiilqult and Dudley Field Malone,
new trial be set for late in the autumn
Mr. Barnes said the government was
anxious to avoid delay, as other con-
sspiracy eases were pending. The re-
hearing of The Masses" cases then
was ordered for the June term.
1T probably Will be the end of June
before The Masses defendants are
again brought up" said Mr.. Barnes.
~ he case against Jeremiah A. OLeary,
publisher OF Bull is set for May 6,
but owing to the illness Of Mr.. OLeary
ms sii0i VIII DC postponed uNlli May
20. Then The Masses cases will fol-
low.
Defendants Seem Pleased
after that, probably in August, will
come the case of DR.. Scott Nearing.
who has been indicted in connection
with the circulation of his pamphlet,
The Great Madness"
Max Eastman and the other defend
ants seemed pleased with the outcome.
THE verdict could have been only
one degree better-acquittal," said
Arthur Young. 'It is apparent that
the Jurors were unwilling to convict
us merely on the governments word
that we had violated law, for moth
ing in the evidence indicated either
that we had entered into conspiracy
to obstruct recruiting and enlistment
or that any OF US individually had at
tempted to obstruct"
Mr: Hillquit said the jury was
wholly unconvinccd" by the govern
ment's evidence.
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