The sun., 1919-03-22
.O'LEARY JURY Is
UNABLE TO AGREE
After Being Out Eleven Hours
Judge Hand Orders 1t
-s to Continue.
IN A HOTEL FOR NIGHT
No Request for Instructions
Is Made by Jurors-Big
o., Crowd in Court.

Tho jury in the case OF Jeremiah A.
OLeary. Adolf Stern and tho American
Truth Society, defendants accused Of
conspiring to violate the espionage law
because OF the anti-war campaign in
BAH in 1917. reported to Judge a. N.
Hand In the Federal District Court at
IL o'clock last night that II had been
unable to reach an agreement during
eleven hours. The court ordered that
the Jury be taken to a hotel and locked
up for the night
The Jury was given the case after
Judge Hand finished his charge ct IL 80
o'clock yesterday morning. There was
no expectation OF a quick verdict, be-
cause of the mass of evidence and
testimony. presented during the nine
weeks of the trial. After retiring the
jury remained In its room except for
q recess of an hour for luncheon Ind
dinner. No request for instructions or
other messages came from the jury
room.
The largest OF any of the crowds that
has waited for espionage law defendants
for verdicts In the Federal Building sat
In the court room or walked about the
corridors throughout the afternoon and
night. The O'Leary family, which
makes a small crowd by itself, obtained
a room adjoining the court room. Jere-
miah O'Leary, who has become chroni-
cally nervous under the strain OF the
long trial that came after nine months
spent In the Tonsbs prison as defendant
under a section Of the espionage law
apart from that on which the Bull In
dictment was based. remained in this
room nearly all of the time. With him
were his father and mother. wife and
oh a NJ
sisters. ....,
Among those IN the crowd was Bur-
rogate John p. Cohalan, He was a
character witness for O'Leary at the
trial
The Bun indictment makes O'Leary
and Stern liable to twenty years i'm
prisonment upon conviction. The society
is liable to a maximum fine OF $4,000
O'Leary was president OF the society.
The jury will resume Its deliberations
this morning. It haR been the Custom
TO permit Federal court juries TO DELHI
crate about thirty hours before discharg-
ing them in the absence of an agree
ment.
In his charge. Judge Hand analysed
the section OF the espionage law under
which the defendants were indicted. He
described a conspiracy as an agreement
TO do an illegal act. and said IL must be
proved beyond reasonable doubt that
two or more OF the defendants entered
into such an agreement. He said that
II Is not necessary that proof be had of
an agreement in writing or orally. that
the existence of n conspiracy may be
deduced from sufficiently strong cir
cumstantial evidence.
The court explained that the questions
for the jury TO decide were whether a
conspiracy were formed whether two or
more Of the defendants were parties to II
and whether its purpose was. as charged
In the indictment. to obstruct recruiting
and create mutiny and insubordination
In the armed forces OF the nation.
The court emphasized the requirement
that the Jurors be convinced beyond n
reasonable doubt that the defendants
intended to violate the law. He said
that proof OF certain acts deemed sedi-
tious was not enough, that the Jurors
must be convinced. that the acts were
done with the specific intent to obstruct
recruiting and encourage insubordina-
ton in the services.
Judge Hand characterized Stern as a
low salaried employee of o'Leary as
publisher Of Bail He said that Stern
was not responsible for anything said
or written by O'Leary before the passage
OF the espionage law. He said that IL
the Jurors were convinced that Stern
worked for oTeary after the enactment
Of the law without thought OF obstruct-
ing recruiting but merely 10 hold his job
he should be acquitted.
The defence submitted sixty items for
inclusion in the charge. The court re-
jected twenty -four OF these and read the
others TO the jury. The items covered
practically the whole field included in
the testimony and evidence The Judges
charge occupied one hour and twenty
mir