Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-01-16

New was attended by his half sister,
Miss Edna Clancy. His mother, Mrs.
Lulu NJ. Berger was not present. The
courtroom was crowded to the doors and
the verdict was read under dramatic
circumstances.
The jury had been deadlocked on the
insanity phase Of the case. Soon after
1t went into elaboration IL was apparent
that the verdict would not be reached
Immediately and early today it was
feared disagreement would be I'M
avoidable.
After forty-four hours Foreman Kiln
german sent word TO Judge Craig that
they were deadlocked with little hope OF
reaching an agreement. When the judge
heard K1ingerman's report he told him
there was no use making a report IN
less a verdict had been reached.
It was then that he gave instructions
that the jury stay at its task until they
had reached a verdict.
1t is understood that one or two mem
bers of the jury wanted a verdict OF man
slaughter imposed. The majority OF
them, however, held from the outset
Of the deliberations for conviction on
a second-degree murder charge.
The jury submitted a recommendation
that New be committed to a state insd
tuition for insane for observation as to
his mentality.
Lecompte Davis, senior counsel for
New, announced Immediately after the
verdict that he would file a motion for q
new trial and failing in that, will take
an appeal
The first ballot, taken ten minutes after
the Jury retired at S:4S o'clock Tuesday
afternoon to begin its deliberations, was
eight for conviction on first degree muir
der, carrying the death penalty, one for
second degree murder, embracing the life
sentence, and three for acquittal on the
grounds Of insanity, with recommenda-
ton Of confinement in an asylum
Ten minutes later another ballot was
taken. 1t showed six for conviction of
first degree murder. three for second
degree murder, two for an acquittaI be-
cause Of insanity and one for an &C
Quittal outright.
Last night the jury, after thirty hours
wrangling, stood nine to three for con-
viction Of murder in the second degree.
The possibility of an acquittal on the
grounds of insanity had been eliminated.
This morning the vote was ten to two
for verdict of murder In the second de-
gree. But two men still stood out stub
bornly for a manslaughter decision.
Finally the final ballot was taken and
the verdict rendered today was agreed
upon. AS the last vote was counted and
it was found all had agreed to second
degree murder. the jurors applause
could be heard to the far doors OF the
courtroom.
Immediately the buzzer calling for the
bailiff sounded and the weary crowd in
the courtroom came suddenly to alert
attention.
As the jury fled in there was silence
SO tense and dramatic that even Judge
Gavin w. Craig was seen to show the
effect of its strain. His voice was clear
when he asked:
Gentlemen, have you reached a YER
dict in this case?"
Foreman Klingerman replied that they
had, and the verdict which will send
Harry New to prison for life was read.
New was arrested when he drove to
the Los Angeles central police station
the night Of July with the body of
Freda Lesser in his mothers automobile.
He later told the police how he had
killed the young woman when she re-
fused to marry him and to become the
mother of baby she was soon to bring
into the world.
Counsel for New throughout main
ldlheu LndC ne, tne alleged son OF United
States Senator Harry S. New Of Indiana
was mentally deficient. Numerous wit
nesses from Indiana and dispositions from
others living In the Hoosier state who
knew the defendant, offered evidence to
show that the young man was not ra-
tional
Mrs Berger, mother of the convicted
man, came here from Indianapolis as
soon as she learned Of the murder. She
stood beside her son Loyalty throughout
the ordeal.