New-York tribune., 1921-12-05
Holds Out Al Hrs. Against
ALI Arguments for Ac-
quittal and the Twelve
Finally Are Discharged
Comedian Calls
Vote a Vindication
Prepares for New Trial ON
Jan. 9; Faces Inquiry
on Liquor Party To-day
srecial Dispatch to Tho Tribune


SAN FRANCISCO. Dec. 4.--One
woman who told her fellow Jurors that
she would, as they expressed it, "vote
guilty until hell froze over" kept the
jury in the manslaughter case against
Roscoe ("Fatty") Arbuckle from re-
turning verdict of acquittal This
was made plain to-day by August
Fritze, foreman, when Judge Louder
back discharged the jury because of it's
failure to agree after forty-one hours
Of deliberation.
The final ballot in the jury room
stood 10 to in favor of acquitting
the film comedian of killing Virginia
Rappe, who was fatally injured at a
party in Arbuckle's hotel room in San
Francisco last Labor Day. Arbuckle's
attorneys said they would move for a
new trial immediately, as the actor
wants an acquittal, so that he can go
back to his work with clean record
in the courts.
Interviews with the jurors after the
trial, despite efforts Of the authorities
to keep them silent, showed that Mrs.
Helen Hubbard, one of the five women
on the panel, was the cause of the dis
agreement. She stood out for conyic-
ton all through the deliberations.
Wouldn't Discuss Evidence
At one time, it is said. she had
drawn three other jurors over to her
way Of thinking, but two of them went
back to the majority, which favored &C.
quittal. In the jury room one ballot
speedily followed another. There was
not much time for discussion. as some
one would request another ballot as
soon as the result became known.
The jurors declared that had it not
been for Mrs. Hubbard tley would have
returned in ten minutes with verdict
of not guilty Mrs. Hubbard voted for
conviction on every ballet, they de-
clare. Nothing they could say or do
would sway her. She would listen to
no argument, would discuss no part of
the evidence, they assert.
Thomas Kilkenny also voted for
conviction on numerous ballots, but it
is said he voted so in the hope of gain
ing Mrs. Hubbard's confidence and
bringing her over to the other side.
One of the other women Jurors some
times voted with the ten, sometimes
cast blank ballot
Fritze's statement was issued after
the trial as duty to the public" 1t
said:
There was tacit understanding
that the members of the jury would
not make Individual statements /
have learned since that a number of
the jury have, however, done so, and
believe. as foreman, that it is we'll
for those interested in the administra-
ton of justice that the citizens of San
Francisco should have facts.
"The ten members of the jury who
voted on the last ballot fer acquittal
dence--fully considering it all.
"Till He'll Froze Over"
zone of the two minority refused to
consider the evidence from the begin
ming and said at the opening of the
proceedings that she would cast her
ballot and would not change it until
ing, sometimes casting blank ballot
sometimes voting for the defense and
sometimes voting for the prosecution.
considering all the evidence, it
seemed to US that the prosecutions
ease was an insult to the intelligence
of the jury. 1t asked us to substitute
conjecture for facts without showing
what had been done, and asked us to
guess what might have been done and
guess only one way
Human liberty and American rights
should depend not upon the guesses
Of anybody but upon evidence"
The disagreement was a blow to
Fatty and his wife, his mother-in-law
and other relatives who have been
present all through the trial. But it
was expected by the crowd in the
courtroom, which was compact and
quiet.
Judge Louderback entered without
the bailiff banging the gavel. The
Jurors filed in. The foreman made his
announcement and each juror was
questioned by the. judge. Each gave it
as his opinion that it was morally
and physically impossible" for them to
reach an agreement. The judge
Continued on page sx)