Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1921-12-04
IRepubIlean A. p. Leased wire1

SAN FRANCISCO, Dec. 3.-The
jury in the Roscoe ArbuckIe man
slaughter case must reach decision
or continue its deliberations at least
until 10 o'clock tomorrow morning.
Judge Harold Louderback, the trial
Judge, denied request of counsel for
both sides late today that he jury be
discharged.
The judge said he would consider
tomorrow morning. if no verdict had
been returned by that time, whether
he would hold the jury longer. The
request for its discharge was made
on the ground that the jurors were
tired out and that il would be CO.
ercion to keep them balloting fur
ther." 1t was made at approximately
s p m, after the jurors had been
out of the court room more than Is
hours and had spent nine hours in
balloting or discussion.
The jury was given recess of two
hours for dinner at $50 p. m. Cor
ridor gossip said IT ballots had been
taken, all IL to l in favor of 4 YER
dict of acquittal
When the jury returned from the
dinner recess they were taken into a
new jury room on the opposite side Of
the building from the one in which
they deliberated formerly. This was
W SCI l4S jury away lIOIu I44e
crowds" 1t was explained.
Miss Louise Z. Winterburn, one OF
the jurors. was reported to have be-
come ill during the jury deliberation
tonight. The court officials were
considering taking the jury to its
hotel early as result.
The nature of Miss Winterburn's
Illness was not revealed, but il was
reported that it was slight.
Milton U'Ren. assistant district at
| torney. announced at d. m. today
| that he would send for Judge Harold
Louderback, the trial judge, and ask
| that the jury in the Roscoe c. (Fatty)
Arbuo6le manslaughter case be dis
/ missed because il has been out for
| "a hours without reaching verdict
Il think the jury has been out long
enough to have reached some sort of
an agreement" U'Ren said.
Gavin McNab. chief defense coun-
| sci, said he would oppose any request
for dismissal of the jury at this
/ time.
Il want them to deliberate until
| they reach a verdict" he said
At 4 p. m. the jury sent for the
/ bailiff and asked him for some more
writing paper.
| A few moments later the jury again
sent for the bailiff and told him that
/ it wanted to deliver a message TO
\ the Judge, but there was no haste
about it," TIE bailiff said he ex-
pected to get in touch with the judge
"a little late"
The judge was expected to return
/ to the court room at 5 p. m.
The restlessness of counsel, court
| attaches and spectators became more
pronounced as the hours dragged on
At 5 o'clock The jury had spent nine
hours in actual deliberations.
District Attorney Matthew Brady
did not appear in the court room dur
| ing the day A portion of the day
however, he spent in his offices or
the floor above. The crowd in at
tendance started with mere handful
and grew until the court room and
the surrounding corridors were filled
A few minutes before o'clock Nc
Nab conferred with the bailiff, who
had just finished a conference will
the judge. McNab then left ths
court room and it was reported thai
he had gone to confer with the dis
trict attorney on a possible agree
ment for dismissal of the jury
Despite the dragging hours ths
crowd clung to the little courtroom
expecting momentarily the rap OF
the Jury room door would announces
the return of the jurors.
Arbuckle's mood changed through
out the day. but it could be seer
plainly that the strain was telling or
him. He spent most OF his time
chatting with counsel and othel
| friends.
Late in the day Stephen e Hop
kins. the thirteenth or alternate 1u-
rcr. who was excused when the jury
| retired to deliberate yesterday, ap-
peared in the court room and wa
greeted with handclapping after {
. bailiff jOkingly announced his pres
ence in a loud voice. Hopkins and Ar
buckle shook hands and chatted {
few minutes.
DEFENSE counsel remained IN th'
court throughout the day and McNal
expressed his impatience on more
than one occasion. He said he hac
been informed reliably that the JUN
] stood IL for acquittal and for con