Every evening, Wilmington daily commercial., 1921-12-05
MAN AM WOMAN HELD
OFT FOR CONVICTION

san Ifnnclsro. ncc. Mrs. Helen
NJ Hubbard and Thomas Kilkenny
were iho tWo Jurors whose belief IN
Arhucklu's gnilt could not be shaken
hN Nc arguments ~ the ten others.
Twenty-Five ballots were taken.
MlHs inuiso Wlntcrhurn cast two
ballots Tor conviction. according 20 rc-
po1E. hut came over % the side of
hcuuiial ou the third ballot
ilolh Nrs Hubbard and Kilkenny
haslened away from I'M hall ~ Jus
tior ana refused 90 talk According 10
other Jurors. however, Mrs. Hubbard
fiopd nrm fof conviction from the FIRST
vote. alleFing hcr unshakon belief in
Afhuckles guilt, and laying stress on
the nngrr prints on the door and her
conviction that Arhuckle had de-
liberated, followed Virginia Bappe into
ionm iaia
Kilkenny 70 was said, cast a blank
vote on the fret count. then voted FOR
houultal and. after consultation with
Mrs. Hubbard, swung permanently 90
conviction, Ito declined 20 discuss the
ease further. ~ was reported, assert
inu that his opinion was unchange-
shlr and rcfuanE 90 talk.
According "a jurors. fast and furious
battles RACED IN the Jury room during
ihp long hours of dclihcration. Violent
arguments developed between Mrs.
Hubbard and her fellow jurors.
Mrs Kitty Macdonald. who voted
fnr acQutial sald that the element of
reasonable doubt played a large part
IA ihe stand uf some ~ tho jurors.
I'VE fclt that the case had not been
sufficiently proved" she said "Some
uf uH believed absolutely that Ar
buckle WIS Innocent. others believed
shat not enough proof had been
brought forward against him 20 war
rant "a verdict 90 guilty"
Arthur NJ Crane, n juror. said that
ihc Uaao was arguod from every angle.
and that the ton Jurors who stood for
ncaulttal tried their best 20 swing the
two opposing votes Mrs Hubbard
appeared 20 be tho deciding element"
D. said "Sho seemed 20 have a fixed
opinion that nothing could alter"
1T waa hard fEht," said Mrs
Dorothy ODoa. a Juror. Those of us
who voted Cor acquittal did our best
e. rst an agreement. but % was use
ioss We had some wild times in the
According 90 Mrs. Macdonald the
sfforts 60 reach an agreement develop
cd n, times into a pitched battle.
EVERY one of us argued with Mrs.
Hubbard and kllkonnoy" she said. 1t
didn't 40 any sood Kilkenny simply
wouldn't say anything az all except
after n. had talked 20 Mrs. Hubbard
and then be- said that he had learned
hpr point ul view aud agreed with her.
Tho nervous strain was terrible. Every
cue uf the jurors WAS tired 90 death,
ana sometimes the arguments got 80
violent that " almost scored us.
don't think anyone can possibly say
that We didn't go into the case
phrnunhly hoiore We decided that I.
was absolutely impossible 20 aRre''
iudpe i.nudcrhnck called the jury
into ruufi yesterday ~ noon. after a
haiur had sent him a message from
the Jury room August Tritze. the
foreman, was asked 20 report. we
have taken many, many ballots and
mud I, n physical and moral impos-
ability to roach a verdict" said Fritze
Judge i.oudcrback then pollod the
fury. each member answering that IN
his or he, opinion agreement was im-
possible Before calling the roll of the
iufk. iuds. i.ouderhack reminded the
iurufa ~ IN. ,xpsnse OF second trial
nnd urged them 20 consider carefully
before they answered positively they
could not reach verdict
Nth tho ssrent OF counsel the court
shpn discharged the jury.