New-York tribune., 1919-03-23
O'Leary Jurors in
Deadlock, but Are
Not Yet Released
Still Trying to Reach an
Agreement at 10 O'clock
Last Night; Day of Rumor
but Developments New

At 10 o'clock last night the jury in
the case of Jeremiah A. O'Leary,
charged with violating the espionage
act, was still out and believed to be
hopelessly deadlocked. The jury had
begun it's deliberations at 11:52 a. m.
Friday.
The trial of OLeary and the others
under Indictment with him lasted lit
tie less than nine weeks. The evidence
was not only voluminous, but often in
volved the most technical points of
law.
Standing trial with O'Leary are
Adolph Stern, the "Bulr' Publishing
Company and the American Truth So
ciety.
When court opened early yesterday
hundred or more OF OLeary's
friends, sympathizers and relatives
were in evidence. Throughout the day
vague rumors were afoat that the jury
mad agreed, little knots of people in
the corridors hastily broke up and
surged through the courtroom doors
to get seats.
Heard From Twice
During. the day the jury was heard
from twice, once about 12:45 o. m.,
when they asked to be advised further
as, to three of five counts with which
OLeary was charged, and then late in
the afternoon, about AIS, when thew
told Judge Hand they could not agree.
but were sent back when one of the
Jurors said that if they were given a
little time they might be able to agree.
:, The first time they came in Judge
Hand read note that he received from
them, in which they said that up to
that time they had been unable to agree
and would like additional instruction in
regard to counts three, five and seven.
Judge Hand told them that those
counts dealt with the crime of attempt
ing to cause lnsubordination, mutiny
disloyalty or refusal Of duty, by the
publication. of articles in "Bull.'
I'm order to find the defendants
guilty" Judge Hand said, "you must
lind beyond reasonable doubt that
there was wilful attempt on their
part to cause insubordination, mutiny
or disloyalty, by the particular publica
ton IN each case" The jury then re-
tired,
A little after o'clock, when it was
learned that the jury was coming in
again, wild rush was made for seats.
OLeary, who had spent most of the day
in room adjoining the courtroom with
some intimate friends, came in and
took seat
Tired. Red and Perspiring
The jurors looked worn and tired,
and perspiration streamed down the
faces of three or four of them, while
one or two others, looked red and
angry.
Judge Hand came in quickly, took
his chair and opened a folded sheet of
paper.
81 have received communication
from you gentlemen, he said slowly, in
an agreement in regard to one defend
ant, and that after twenty-eight hours
OF consideration, and many ballots
without any change in the vote, it is
our sincere opinion that we will be un-
able to reach unanimous agreement
in regard to the other defendants, ir-
respective of time"
Judge Hand went on to say that the
case had been long one, that the
principals IN the case were entitled
to decisive verdict and that he
would send the jury back to it's rooms
unless he was certain that they could
not agree.
,"Have you anything to say?" he said
addressing the foreman.
Ernest R. Hunter, the foreman, an
investment secretary, said the utmost
consideration had been given the evi,
ddence, regardless of the time, it would
De impossible to arrive at verdict.
If we had a little more time" saie
George E. Hall, salesman.
:! think we could come to defnit.
decision"
Judge Hand then sent the jury bacl
Tor further consideration Of the case
OLeary watcherd the proceeding.
intently, with a curious enigmati,
smile. Former Judge John Jerom,
Rooney turned to him, as the juror:
were being led out and said: "Jerry
you look worried''
Who is worried ?" answered O'Lear,
quickly. II never worry"