New-York tribune., 1919-03-24
Jury Decides ON Four
Counts After 81 Hours,
Deadlocked on Other
Had Stood 8 to 4
For His Acquittal
Stern Is Released; Editor
Sent Back to Cell;
New Trial Undecided

At s o'clock last night, after fifty
four hours of deliberation, the jury in
the case of Jeremiah A. O'Leary, the
Bull Publishing Company. the American
Truth Society and Adolph Stern, acquit~
ted OIeary and the two societies on
four of the five counts on which they
we're charged under the Indictment,
and acquitted Stern on all counts.
The jury said they were unable to
agree on the remaining count, which
has to do with sentiments expressed
in the October number of Bull in
1917, and after assuring Judge Hand.
who has been sitting in the case for
eight weeks, that further deliberation
would not change their attitude, they
were discharged.
Although the verdict frees Stern
entirely, OIeary and the two societies
can be retired. James W. Osborne, I'd,
who prosecuted the>case for the govern
ment, declined to say whether another
trial would be started. OLeary, how
aver went back to the Tombs last
night, as he is still under a few sep
srate indictments.
Throngs Await Decision
Throughout the day hundreds of
oLeary's intimate friends and a small
group ef his relatives waited patiently
for the decision Of the jury, which ar
rived early in the morning to renew
It's deliberations of the case.
4 short time after they arrived the
jury sent communication to the judge
IN which they asked further instruc-
tons. The groups in the corridors
broke up and rushed into the court
room to get seats.
There was short wait until Mr.. Os-
bSrne. the United States Assistant At.
t6rnsI, could be reached, and when he
came III the court room, the jury was
sant for They filed in slowly, some
taking their seats quickly and with
baoyaneJ, others with a weary air.
Judge Hand entered the room quick
y and began TO rsad from the note
the, the Jury had sent him Gen
slemen," he said. II hsvs reesived n
Communication from you asking 10 be
Fsinstfuetsd as 10 the direct meaning
of intent and eireHmstantiai evidence
5gdgs Hsnd vent over the ground
ne had covered In his original charge
IS affecting these two specific points,
The foreman, Ernest r, Hunter, then
arose and said that one OF the jury
wished 10 ascertain ito what extent
oLeary had right TO free speech
after June Is, 1917, as he did before
ne espionage law was passed"
Instructed on Law
Judge Hand answered briefly, say
ing that OLesry had just as much
ylght TO freedom of speech after the
Is~ was passed as he did prior to its
Massage, as long as his uttcrances had
not the effect of cahsing insurrection
Or interfering with enlistments. The
lary then retired.
snading about the corridors with q
ceputy marshal, who had him in Gus
.ody, and stopped his walking every
zen Or fifteen minutes to greet friend
'nat he saw or tell humorous stories.
About O'Clock word was circulated
shat the jury had arrived at some de-
slslon. Judge Hand came in and took
MS chair
Gentlemen," he said, 81 have re
.sVed communication, which seems
. nave been signed by all of you, ir
Shich you say: The jury has agreee
upon verdict az to one defendant, but
sl'sr hfsy-three hours of deliberaticr
= = unable to agree as TO the others
me difference Of opinion has been tht
same from the beginning and withou
assiation through thirty ballots, 80 WI
.eei II ia hopeless to reach a unani
ia01s conclusion as to this defendant.
= 1aas your word--so say you all 2"
Stern Pleased at Verdict
There was general nodding of head
sGa then Judge Hand expressed pleas
afe because Of the careful considers
sica gwen the case and directed a re
slrn Of the verdict as far as reached.
We find the dcfendent, Adolpl
asefn,' said the foreman, mot guilt,
% al counts" He turned TO the Other
safcrs for confirmation of this yer
ases, and when they nodded their at
,ss'aaslon Stern'g face broke into 1
s5xs and happy smile.
AAe Judge vas about 70 discharge thu
lety #hen Arthur OLcary, brothel
tae defendant. asked that the jur.
poiisd, as he believed it quite pos
sip'e that there might be- q decision oil
sshs of the counts and d Disagreement
N others,
.., y that the case Mr. Foreman :?
ssksd Judge Hand.
feM ~, your honor" assentcd tn
s,ssmsn, agaIn turning TO mis- asso
.ss .aMs for confirmation, which the.
ksxs vigorously.
..Ln IN waat counts have you agreed
Askxa Judge Hand.
"s have eliminated counts one an
~ yonr honor answered Mr.. Hun
e. snd cannot agree on counts three
We and Seven
Freed on Conspiracy Counts
a,.a ahe eerdict Of acquittal OH count
w. ano two,. the conspiracy count,
H. Hs about TO be 10 recorded when NJ.
eanss.,. eg. arose again, after whispere
i,sssa't4tien i,s.x that he had with the otae
ttx2sS nnS and addressed Judge Hand wa
k4 g haye understood, your honor.
-s.ss.o ssao that counts three, Ave an
~ ~
y =