Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-01-27
LONE JUROR SWINGS
FINLEY ACQU|TTAL|
Hugh Hamilton Holds Out Two
Days to Free Councilman of
Fifth Ward Charge
JUDGE SUSTAINED POSITION

William e. Finley, member of the
City Council and Ware leader of the
9hirty ninth ward, was acquitted of
conspiracy last night after the jury had
deliberated forty nine hours.
don't believe it is my place to
comment upon the action of the jury"
Mr.. Finley said this morning. "They
heard the evidence and brought in the
verdict. All had to say said on the
stand, under oath"
The charges against the former head
OF the Vare- controlled Republican city
committee grew out of the allegation
that he was the 60 between TO pay the
gunmen hired in the Fifth ward fight
at the September primaries. 1917.
1t was at this election that gunmen
murdered George A. Eppley, city de-
tective.
The jury retired last Saturday after
noon at 3 20 o'clock. A vote taken
then showed that eight jurymen favored
conviction and four acguittal. The
next ballot showed only one juryman
for acquittal.
Several times during the more than
two days the jury was out the deter
mined stand Of this lone juryman saved
Finley from conviction.
The man was Hugh Hamilton, Juf6r
No. 8, 2247 South Front street, in the
ward of which the accused man is the
leader.
From what the judge told us. l
couldn't see that Mr.. Finley was guilty
of any conspiracy. so / held out for
acquittal." said Mr.. Hamilton who
today, so it was said at his home, was
ILL.,
Get New instruction
The jury finally reached verdict
only after returning to the courtroom
twice yesterday. and getting an addi-
tional- charge fir m the judge at 5 rs
o'clock last night.
The jury retired again at 6 :05 o'clock.
They announced themselves ready with
verdict at 6 90. The Judge had ad-
journed court until 10 80 o'clock. He
was summoned. however. and the jury
reported acquittal at o'clock.
No demonstration was made. Mr..
Finley singled out Assistant District
walked over to shake hands with him.
The greeting was cordial from both.
Judge Albert W. johnson in his last
charge to the jury virtually advised them
to acquit Mr. Finley.
He told the jury the question of con-
viction or acquittal was based on the
evidence of Samuel G. Maloney, a de-
tective, the principal witness for the
state.
The Courts Instructions
If the jury had any doubt that there
was an agreement between Finley and
Maloney, the judge advised they must
bring in verdict for acquittal, because
both men must be a party to such an
agreement if it existed.
"Gave PIP" Obstinate Juror
1--WE were unable to argue with the
one MIN who stood out for acquittal,
said Robert Pcdrick. 1921 North Gratz
street, one of the Finley jurymen. He
would only make answers that were ir-
relevant. so we gave him up.
Eight of us were certain from the
start that the $1,000 bill belonged to
conscientiously for acquittal only be-
cause Judge Johnson assumed all the
responsibility. We finally convinced
all but one of the others that the
bill belonged to Finley. That is what
switched the vote for conviction from
eight to eleven
According to Mr.. Pedrick, the jury
only voted for acquittal when the judge.
answering the final question put to him
by the jury, said it would be neces-
sary, to convict, to be able to show
that someone had actually seen or heard
of conspiracy being formed.
Wilmer Lane, 345S North Second
street, another juror. in discussing the
verdict, said there had been no evi
dence of conspiracy submitted.
There was no evidence that Finley
was a conspirator in the trial." he said.
There was an agreement between
Deutsch and Maloney that the men be
brought from New York, but the thing
ended there"