The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1918-01-16
Discharged This Forenoon
After Disagreeing
Third Time
GOVERNMENT TO
TRY CASE AGAIN
Continued to February Term in Burling
ton-Reo pondent Continues Under
Bail and New Counsel Will Be As
signed by Court.

BAH ana new COuuSel Will DC fAo-
signed by Court.
Twelve minds were unable to agree
in the prosecution of Rev. Clarence II.
Waldron of Windsor, a Baptist minis
ter charged by the government with
making seditious utterances and circu-
lating an alleged seditious pamphlet,
and at II o'clock this forenoon Judge
Harland B. Howe of the federal court
discharged the jury, which had had the
case more than "a hours and had report
ed disagreement three times.
1t was hopeless to try further to ar
rive at an agreement. according to the
foreman, Mai. F. W. Childs of Brat
tleboro, and that fact had been appar-
ent for some time.
On motion of District Attorney V.
A. Bullard of Burlington Judge H,we
continued the case to the February
| term in Burlington, which convenes the
| fourth Tuesday in the month, Feb. 26.
| At that term, unless the prosecuting
attorney decides to drop the case,
| which he says he does not intend to
do, Waldron will be tried again.
| Meanwhile Waldron will remain un-
der bail Of $1,000, the bail continuing
until the case is disposed of. If he
| is tried again he will have new coun
sci. Attorney r. c. Bacon of this town
feeling that he has done all that was
required Of him under the assignment
by the court to defend the respondent.
At 4 clock yesterday afternoon aft
er having considered the case since
9.45 a. m, the jury reported disagree
ment Judge Howe said he did not
feel justified in diseharging them and
asked them to try again At o clock
they again expressed a desire TO re-
port, and the foreman again stated
that they were unable to agree.
This time the court stated that while
he did not ask them to depart from
their conscientious convictions he
thought that after supper they ought
to further consider the case, and stat
ed that if necessary the marshal would
provide comfortable quarters for them
for the night. He asked them not to
get impatient either with the court or
with each other.
1t was little after clock when
they returned from supper and fell to
the task for the third time. 1t was
|
job About 9 o clock they asked TO
have certain testimony read, which was
done in open court.
) a knock at the jury room door came
at 1920 p. M, and the jury said the.
wanted to 60 to bed. They were es.
| corted to the Brooks House, where they
I were given separate rooms on corri-
4 dor on which there were no other
! ra
e mained on guard until O'Clock thi:
c morning, when he was relieved by Bail
I if Fred Cressy.
v After breakfast the jury again tool
: up consideration of the case and a.
:. 1885 they came in to make their thirC
;. report, after Judge Howe had beer
o summoned from the hotel and Attor
neys Bacon and Clawson had been no
} tilted that report was to be made.
g Gentlemen, have you agreed upol
# verdict?' Clerk F. S. Platt inquired
# and Foreman Childs replied, "We hav
If not -
e A slight flush came over the face o
Waldron, the respondent, but otherwis
st he gave no sign that he was affected
1t maintainingthe same calmness that char
d acterized his demeanor throughout tn
IS trial. His wife sat beside him and hi
father behind him, but neither mad
any unusual manifestation.
Judge Howe asked the foreman wha
the prospect of reaching a verdict wa
and Major Childs answered, "It wi
Is be impossible, your honor"
The court said the jury had give
as good attention as any he ever sa
V and that the trial had been conducte
Mt by counsel III an able and dignife
IS manner. He thought it remarkable tn;
ft no one had been tardy at any time Z
d; pecially did he express his appreci
r. tion of the services Of Attorney b
IS, con, who laid aside all other wor
n when assigned to this case by Il
II court, and it was a surprise to many
G. the spectators when Judge Howe a
er nounced that there was no way
Is which the counsel for the responder
Ter when assigned by the court becau
the respondent had no funds, could
paid for his services. ''He took
the case willingly, cheerfullv, earnes
ly and faithfully the court asserte
Judge Howe told the jury there W
er not the slightest criticism because tn
were unable to agree.
At this point Major Childs arose al
he said: "The jury has asked me TO {
nd press its appreciation of the courte
in of the court which remark Jud
Howe gracefully acknowledged.
District Attorney V. A. Bulla
cir asked the court to continue the ca
~ 1