The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-23
O'LEARY JURY FAILS
TO REACH VERDICT
It Reports Agreement on One
Case, but Sharp Division
on Others.
MANY BALLOTS TAKEN
Court Orders Jurors to Con-
tinue Deliberations After
Hearing Views.

Tho jury at the trial OF Jeremiah A.
O'Leary and Others accused Of conspiring
to violate the espionage law was ordered
taken to a hotel by Judge A. N. Hand in
the Federal District Court at 11:15
O'Clock last night. 1t will resume it's
deliberations this morning.
The jury has made record with It's
long consideration of an espionage hw
case. The cas- was given to IL Al lao
o'clock Friday morning. A great volume
Of testimony and evidence accumulated
during the trial against the four defend
anita jeremiah O'Leary. publisher of
But: Adolf Stern. business manager Of
Bull; the Bull Publishing Company and
the American Truth Society.
AT o'clock yesterday afternoon the
jury fled into its box and Judge Hand
was summoned. The Judge read a mes
sage which had been sent to him by
the jury. The message said that an
agreement had been reached in the case
Of one defendant but that the opinions
were no far apart on the others after
twenty-eight hours that agreement APP
peared hopeless. The jury reported that
many ballots had been taken in which
there had been no change In the vote.
Tho court said that the case had
taken long time TO try and lie was
hopeful that a positive result might be
attained. He instructed the Jurors to
resume deliberations.
Ernest r. Hunter. foreman, gave ad-
ditional Information about the situation
OF the jury. II wish to say that this
has not been my first experience as n
JUROR" ne said. II am delighted to
say. however, that for the FIRST time in
my experience jury has deliberated
without passion or animosity on the part
OF any OF It's members. II has given
the most careful consideration to the
testimony and the evidence. believe I
voice the opinion of all the Jurors when
say that. regardless OF time, It will
be impossible to arrive at a verdict"
Judge Hand complImented the Jury on
the conscientious way II had gone about
its work. He said that II all the Jurors
were of a similar opinion It might be
desirable to declare a mistrial in the
case OF all the defendants except the
one about whom an agreement had been
reached.
George E. Hall. Juror No. 9, stood up
and in positive tones said that he did not
agree with the foreman. IT think II we
are given little more time We may
come to a definite conclusion" he said.
Judge Hand sent the jury back to its
room. 1t was taken to dinner at
o'clock without further word from it.
A crowd that filled the court room
made it's own deductions from the clues
to the attitude Of the jury contained in
the dialogues on this visit TO the court
room. Afterward, the O'Ieary family
and several hundred sympathizers tap
peared to be more confident OF favor
able result.
jeremiah O'Iesry, with the effects of
the long trial and Imprisonment, showing
plainly in tho lines of his face and in his
nervous manner, watched the jurors in
tently. After they retired John Jerome
Rooney. who sat near him at his coun-
sers tables. attempted a Joke ABOUT his
appearance O'Leary did not like II.
"Who is worried" he asked sharply. Il
don't worry"
The jury asked for instructions short
ly before I o'clock yesterday afternoon.