New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-02-19
Nearing Jury STAYS
Out Eleven Hou,s
Without Verd;o,
Neniremen Report Inabil;,,
to Reach an Agreement,
and Are Ordered Locked
Up for Resi- of the Mich.


The jury in the case Of Scott v..
ing, who has been on trial 70, -
past week and half before rnSns
Julius NJ. Mayer in the United s,.ts
District Court for violatjng ~.
espionage act, was locked M for ~.
night at 1886 a. m, having been W.
able to reach decision after delihas
ating over eleven hours.
At about HIS P m. the jury o,,.
more came before the judge who W..
given a communication by the for,
man which read that several Of -.
jurors refused absolutely to discus.
the case, and that they were unoMs
to agree. The judge stressed the IN.
portance of debating the issues to ths
jurors and sent them back to the iur,
room. '0''
When, however, it was apparer.
that the jury would no. arrive AZ
decision Judge Mayer ordered ~
jury locked up foI the night. and will
one OF the huge green Fifth Ayenns
BUSES the jurors were convened IN
the hnickerbocker Hotel. The jurors
Will resume their deliberations this
morning at 1920 O'Clock.
Judge Stresses Third Count
In charge that con umed about q,
hour and half Judge Julius N. Nav,
instructed the jury IN the Scott Near.
ing case that was yried before hin that
II Was to consider the third conn,
which charges both Nearing and tho
American Socialist Society individually
with having caused insubord,nation ami
refusal to perform service in the army
or navy.
It also was charged that i. wa
to consider the fourth count, which
charges interference with enhstmen,
Each defendant, Judge Mayer SAID. was
to be considered alone, and each could
be found guilty on either or both Of
the counts enumerated.
Continuing, Judge Mayer said that
nobody would deny to any one The
right of free speech or freedom of
expression by means Of writing in the
United States. It was important. how
ever, he said, to understand that no,
all speech or writing is free in the
loose sense
The law, he explained, does not con-
template license or such speech or
writing as counsels opposition 10
the law or to promote VOCATION of the
law. The law never has meant The M
restricted right to say at all times
what one may think is right. lie added
Completion of Crime Interpreted
Concluding the legal aspects Of ne
case. Judge Mayer reviewed at jenorb
the history Of events leading I'm from
the declaration OF war and the rassaoe
or the draft act, which. he said WAS
passed to prosecute the war adeousfei,
Discussing the espionage act he said
that 1T provides chat those who know
ingly and wilfuly attempt 10 impede.
hinder and obstruct or delay the ere.
alton OF an armed force Should -
punished fully
Discussing the fourth coun. Judge
Mayer said that il the logical ofec.
OF the Great Madness" on a man WAC
might be considering the question o.
voluntary enlistment was TO cause
Tim TO WaVer about enlistlng, then the
crlme was complete.
Judge Mayer said it was not neces-
sary TO show that any actual human
being had been affected II the urv.
telt he said, that the intent was shown
by q careful construction Of the whole
pamphlet, that Nearing, who wrote i,
and his co-defendant the American
Socialist Society. which published ard
distributed it, iu' nded TO interfere
with the operation Of the law, they
were guilty.
Iurv tsLs ENr,fanaf;on
The jury retired AZ 1920 p. IN. ard
deliberated up TO 6:3O D. m, when !.
sent note % the Judge asking tur
Their instructions. When il appeared
before the court the foreman said tia.
some Of the jurors We're anxious to have +
that part Of the Judge charge whica
discussed the legal phases Of the
fourth count explained
After short explanation the jury
retired once more, apparently salts
lied. At 1:30 p. III, however, 4 sgan
asked 20 be heard, and when i a.
peared tie foreman said some Of tas
jurors wished TO have taat par Of TIE
Judge s charge which deals with tie ,
fourth count, a reported above, r.
read
The stenographer then read lie paH
IN question, which says that # ma
was undecided about whether lie shorla
enlist or not. and Wato~ed as resi-
OF The pamphlet, THE Great Madness
crime was committed ard tie detsa
dants were guilty. The jury then r.
tired to dinner. under the custody
the marshal, and resumed tAeir del9
eratlons at $50 70. H.