New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-04-24
Fiery Oratory
Saved Porter,
Says a Juror
Twenty-four Hours Delhi
Grafton Ends in Six-Six
Tie; Case To Be Tried
Again at Once, 1t Is Said
Henry 1Xial Postponed
Smith Refuses to Open
His Office to Witness
for the Former Inspector


case stood six for conviction and six
for acquittal after twenty-seven bal
lots had been taken during twenty
hours deliberation on the testimony
given for and against the former Third
Deputy Police Commissioner in his
trial before Judge James T. Malone
He probably will be tried within q
week.
A member of the jury said last night
that during the long hours in the jury
room the tide of divided opinion ebbed
and flowed, and on more than one oc-
cason was within reach of the flood
that would have meant success for one
side or the other. The most successful
drive made by the jurors who fought
for conviction brought ten votes, but
merry oratory. accompanied, it is said
by some belligerent gestures, had the
effect of breaking the strong front of
the convictionists, and on the next few
ballots they suffered assertions that
thinned their rakns.
mine for Acquittal'
The counter attack of those Jurors
who thought Colonel Porter should
be freed was so strong that one ballot
showed nine for acquittal and three
for conviction.
A few of the jurors, it is said finally
became so wearied and exhausted with
the effort to bring something resem-
bling unanimity out of the prolonged
discussion that in a state of complete
fatigue they hardly cared with which
way they voted.
After both sides had staged their
big drives and won all but few votes
to their belief, there remained only
six who stood soldly for conviction.
In a final desperate effort to win over
those holding out for acquittal after
they had returned to court and had
their minds refreshed on the testi-
mony of two witnesses, only one juror
was found to have deserted the ranks
of those who believed Colonel Porter
guiltless.
The result of this ballot, taken early
yesterday, evidently convinced one
juror that there was absolutely no
hope of bringing the twelve to one way
of thinking. for when the votes were
cast again they stood six to six, and it
was thus that the final disagreement
was presented to the court.
Henry Trial Postponed
The trial of Police Inspector Domi-
nick Henry, indictc. on a charge of
neglect of duty, will be postponed until
after the second trial of Colonel Porter
The Henry trial was to have started on
Monday. but his attorney, W. Bourke
Cochran, appeared before Judge Malone
Yesterday and asked that it be set for
May 10. In View OF the jury's disagree
ment in the Porter case necessitating
another trial, Mr.. Cockran's request
was granted.
Mr. Cochran also asked Judge Malone
to permit him and Assistant District
Attorney James K. Smith to take by
deposition the testimony of General
Theodore l.. Bingham, former Police
Europe. The general was to have been
called by the defense as a character
witness.
After the motion was granted Mr..
Cochran and Inspector Henry went to
Mr.. Smiths Office, and were about to
enter, when the fighting prosecutor
caught sight Of the former car of the
4th Inspection District and shouted:
Dent bring him in here! That man
can't come into my office. won't have
him here"
The official announcement that the
Porter jury was unable to agree was
made a few minutes after noon yester-
day. When Judge Malone convened
court at IL o'clock the jury was still
out, but Colonel Porter, who had spent
most of the night pacing the corr d ors
of the Criminal Courts Building with
Martin w. Littleton, his attorney, was
on hand and appeared to be In a most
confident mood.
He was almost clipper as he told re-
porters that he was "already vindicated
in the court Of public opinion" regard
less of any action the jury might take.
The Colonel appeared to be somewh at
mystihed at the failure of the jury to
acquit him on its first ballot, but de-
.clared that this was mere detail, as
he knew himself that he was guiltless.
The twelve men who had been wran-
Cling over the question Of Colonel
Porter's guilt looked more like the
remnants of a six-day bicycle race than
a Jury as they staggered into Judge
Maone's court at six minutes after
noon. They seemed anxious to sepa-
rate with as little ceremony as posi-
BILE. Dark circles under the eyes, d.
shveled hair and haggard looks told a
melancholy story of the nights COM
bat.
Assistant District Attorney Smith,
who conducted the prosecution, also
had spent nervous night, but he was
on hand and in good humor when the
Jury announced it's decision. He in
formed the court that he would try
Colonel Porter again almost immedi-
ately.
When the jury fled In 1t was said
mat on the final ballot they stood nine
TO three for acquittal
Missing Woman Found Dead