Great Falls tribune., 1921-12-05
FOREMAN Tells
Continued from Page One)
though opposed by wealth, power and
influence
Jury Feels Strain

jury 60tS SIIdIU
! The members Of the jury looked
haggered and worn when they filed
into court. over which a deep. bush
had settled and took their seats The
| foreman, August Fritz, informed the
court ''it is physically and morally i'm
possible for us to reach a verdict At
the request of the court, he announced
the final ballot division.
| Superior Judge Harold Louderhack,
who tried the case. then told the jury
/ he wanted to determine If further de-
| liberations might result in verdict.
| 1T is not my desire to force any un
certain hardship on you" he said. But
| this case has taken three weeks TO
try and has been conducted at great ex
pense. If you can come to verdict
conscientiously, ] desire you to do So"
He then asked each juror for an
opinion on the matter of continued
balloting and each answered emphatic
ally that it would be impossible to
reach verdict.
Refuse to Talk
The members Of the jury refused to
leaving the building. After reporting
to the court, they were escorted
to a side street by deputy sheriff
and taken to their homes in auto
mobiles. Fritz let it be made known
later. however. that he expected 70
make statement, according to Gavin
McNab. chief defense counsel.
While this. through the technical
tiles of the law is not alegal acquittal-
morally it is such" Arbuckle said in
discussing the jury's inability to agree.
Arbuckle's Statement
"The undisputed and nncontradicted
testimony established that my only con-
nection with the sad affair was one of
merciful service and the fact that
ordinary human kindness should have
brought upon me this tragedy has
seemed d cruel wrong" his statement
and gladness and lnerriment into the
world and why this great misfortune
should have fallen upon me is mys-
terry that only God can, and WILL some
day reveal"
After stating that be rested his
cause sin divine justice and the conf
dence of the fairness of the American
people, Arbuckle concluded with the
declaration that mo act of mine has,
and / promise that no act Of mine ever
shall, cause them to regret their faith
in me"
Arbuskle's defense was that he was
assisting Miss Rappe through period
of illness, caused. according to defense
contentious, by an internal disorder, at
the time he is alleged by the prosecu
ton to have injured her. The prosecu-
ton held that the injury resulted from
an attempt BY Arbuckle to attack the
actress.
The big crowds, which had marked
the trial from the first day. clnng to
the courtroom despite jury delibera
tons that extended far into the night.
Tie courtroom was filled when the jury
was summoned.
The crowd was so dense at one pc
riod OF the jury deliberation that il
was necessary to place barricade
from the door that leads from the court
room into the jury room.
There were no outstanding features
to mark the deliberations. other than
its length, the activities of the crowds
and the illness of Miss Louise Il. Win
terbnrn, one of the women jurors. who
suffered a slight unexplained attack
Saturday night.
Charges Made
Rumors afloat after the jury had
been discharged, based on statements
said Mrs Helen NJ. Hubbard voted
steadily for verdict of guilty and that
Thomas Kilkenny cast one blank bal
lot, then one for acquittal, and then
swung over to the minority and voted
almost steadily for q verdict of guilty
Miss Louise Winterburn was said to
have voted several times for Arbuckle's
conviction.
Three of the five women on the jury
voted steadily for acquittal, the rumors
declared. 1t was said p ballots were
taken formally and that a number of
informal verbal polls were had.
Charges of attempted intimidation
were made by Mrs. Hubbard against
some of the men jurors and particular
ly against August Fritze, foreman of
the jury.
Fritze, according to Mrs. Hubbard
used abusive language to her, as did
other men jurors in their attempts to
induce her to change her vote. which
deadlocked the jury for many hours.
Promised Few Thrills
"The entire case in the jury room
office, rather than the trial of Ar
buckle" Mrs. Hubbard said Sunday
night.
Mrs. Hubbard asserted several pur
ors remarked in the jury room that
they did not like the district attorneys
methods and would not vote for Ar
buckles conviction.
This is a cheap attempt at back
fire" said Milton Cohen, the only mem
Der Of Arbuckle's counsel who could
be reached. "Of course, we know
nothing of any attempt to intimidate
any jurors. We have been surrounded
since this trial began by charges Of
intimidation, witness-tampering and the
LII ~, l.
fund and the prosecution has made good
on none Of them. It will not make
good on this.
Monday I expect to be a day Of
thrills. / am not saying what we have
up our slvee, but we have few
things there and we are going to let
some of them come down."
Patagonia produced 1,50O, 900 barrels