New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-04-23
Talesmen Locked Up for
Night at 2:O7 A. NJ;
Report Seven Are Stand
ing Out for Conviction
Call for Review
OF the Testimony
Defendant Shows Ner-
vousness as Smith Ac-
cusesH Him of Corruption

The jury before which Colonel Au-
eustus Drum Porter, former Third
Deputy Police Commissioner, has been
on trial in General Sessions for alleged
neglect Of duty, was locked up for the
night at 2:07 a. M. to-day, having been
unable to reach an agreement upon a
yardict 1t was reported seven jurors
sare standing out for conviction. Only
sEce since retiring. about p. M, had
tie Jurors entered the courtroom. That
Tas at 11:2S D. m, when, at their re-
. them.
Judge Malone, pursuant to the iury's
request, had the testimony of Gushing,
foyne and Lowenthal read. One of the
arymen asked Judge Malone to repeat
certain portions of his charge, but the
eourt, over the objections of Martin W.
ittleton. Porter's counsel. held this
NECESSARY. The jury retired for fur
-Aer deliberation at 1913 a. m.
The case was given to the jury a
tie after i o'clock in the afternoon
ID their deliberations were continued
T..hout interruption except for an
.our taken TOR dinner.
Judge Malone was said to be deter
liked TO keep the jugy in session until
verdict or a disagreement had been
.1rned. D
Colonel Porter and his attorney,
srtin W. Littleton, paced the corri-
sers of the Criminal Courts Building
nring the entire time the jury was
sat, hoping that favorable verdict
'oald be rendered.
Seven for Conviction
Az late hour it was said that
ssven jurors were standing out for
conviction.
The failure OF the jury to reach a
efdlct within two hours after Judge
alone had read his charge caused
shy. lawyers at the Criminal Courts
Failding to believe the best Colonel
otter could hope for was a Disagree
s'as. The longer the jury remained
II the higher were the hopes of AS
slant District Attorney James E,
. NTH for conviction.
the penalty for conviction on a
.-rge Of neglect of duty is three
Smith Attacks Porter
ID his summing up, Assistant Dis
,es Attorney Smith launched into a
:'ter attack on Colone! Porter, de-
ring that his heart bled for Mrs
oser, who was compelled to take the
and IN her husbands defense. He
lacked the Porter alibi offered by
-. Porter and Bernard Lowcnthal
len Is supposed to have accounted
every move made by the defendant
me night OF November ~, when he
ai'eged 10 have been found with a
'nan by detectives attached to the
,esiai Service Squad in the apartment
adele Goodal, in West Ninety-sixth
iae prosecutors reference to Mrs
s.ser, wnom he pictured as sacrificing
lor ner husband, caused beads
perspiratlon to stand out on the
s9w Of the former Third Deputy Po.
-. commissioner. He was seen &c
inter to himself, and it looked for q
's as though he would leave his
IAN beside Martin ". Littleton. his
..orney, and engage the prosecutor ir
Saysieal combat.
~ s states summing up was cal.
~isssd M to show that the alibi offered
Afs. Porter and Lowenthal was :
me-up' conceived as an eleventh.
49,, ,sVempt to saye the accused. Mr
@.'a . awelt at great length on the
-. nat while the dates and incident,
',nnec'ed With Mrs. Porter's return
s" YORK on other occasions were
Sae and indefinite in the minds OF
a ~hDi witnesses, her Homecoming
sp'ember II and the events oc.
Ss,sSs S,ns On November l2 we're remem.
w w wth strange distinctnesg.
-, smith declared that at the pres
- VINE New York has the most Vi
ponce system in it's history ane
~ me polics Department is conduct
reign of terror wherever il
ss Littleton protested axains
SO, 'l the statements made by Mr.
n sssra IN ms summing up and hii
'Sps''ns became 80 frequent thai
fcsssisuss On ,sss .,sh,,