The Washington herald., 1921-12-05
Dismissed After l Mem
ber Stood Against
Acquittal.
JANUARY SIS DATE
FOR SECOND TRIAL
Comedian Declares His
Conscience Is Clear in
Tilt With Prosecutor.

SAN FRANCISCO. Dec. Fatty
Arbuckle may have to go on trial
again Immediately after the Christ
mas holidays. The jury in the trial
of the famous fat comedian was
discharged this afternoon, having
failed to reach an agreement. The
final vote was ten to two in favor of
acquittal. according to August
Frietze, foreman. One woman juror
voted guilty from the first ballot.
and never changed her vote. All
the others at one time voted fIr
acquittal. one BALLOT being eleven
to one for acquittal. A majority
favored acquittaI throughout. tne
lowest ratio being seven to Eve.
The jurors. questioned atH4 their
discharge, declared that had it not
been for Mrs. Helen Hubbard. they
would have returned in ten min
utes with verdict of not guilty.
Mrs. Hubbard voted for conviction
on every ballot. they declare.
Nothing they could say or do would
sway her. She would listen to no
argument. would discuss no part of
the evidence. she simply said
she would vote guilty till He'll
froze." said one of the jurors. and
she meant it" Thomas Kilkenny
also voted for conviction on nu-
merous ballots, but il is said he
voted so in the hope of gaining
Mrs. Hubbard's confidence and
bringing here over to the other
side. He some times voted with
the ten. for acquittal. sometimes
cast a blank ballot.
District Attorney Brady said that
he believed he would ask for a
second trial just after the holidays.
Gavin McNab. Arbuckle's chief
counsel, said he was ready, even
anxious. to try the ease again.
Twenty Ballots Taken.
THE result of the balloting was
a moral victory, at least" McNab
said. 1T reflected the overwhelm-
ing belief of the community that
Arbuckle could not have been
guilty of the things with which
he is charged"
out from Friday afternoon until
1905 today. the jury of seven men
and five women all married except
one of the women, cast more than
twenty ballots.
But even after this long time
Judge LouderbaCk. called to court
Just before noon today, was lOath
to accept a mistrial. and he can
vassed the jury one after another.
to ascertain il there was not some
hope of agreement. Informed that
there was absolutely, none, he asked
the opposing attorneys to say
whether they believed the jury
should be discharged.
Agree 20 Dismiss Jury.
! Milton U'Ren, States attorney.
said he believed the jury should be
discharged. MCNab, for Arbuckle,
said he would leave it entirely to
the bench.
Then | make a finding that this
jury is discharged" said Judge
LouderbaCk, thanking the jury.
Fatty" rolled brown paper
cigarette, waited until the judge
had said il would be impossible to
try him again before January 3,
and the opposition had agreed to
the date, then lit his cigarette and
got up.
Deputy District Attorney Milton
Uren walked over to Attorney Nc
Nab Arbuckle's chief counsel, and
held out his hand.
"I just want to congratulate your
client on his gameness," he said.
Arbuckle. who was standing be-
side his counsel, said:
Saws Conscience Is Clear
Pm game because my conscience
is clear. much clearer than yours,
Mr.. Uren"
Outside the Hall of Justice Mrs.
Arbuckle stood with her mother,
Mrs. Flora Durfer, and some other
friends.
The poor boy" she said. He'll
have to go through it all again.
Court adjourned, Fatty stepped
to where his wife. Minta Durfee,
actress, once estranged from him,
was waiting. He took her in his
arms and whispered something to
her. She was obviously having a
hard time to restrain an impulse to
sob on his huge shoulder. but she
controlled herself and they left the
courthouse arm in arm.
Tomorrow afternoon Arbuckle
will appear at the Federal inyesti
cation into the party in the St.
Francis Hotel last Labor Day; the
party at which Miss Rape was fa-
tally injured. The government is
interested because liquor was
served at that party.
The jury quit discussing the case
last night at 1887, due to the ILL
ness of Miss Louise L. Winterburn,
the only unmarried member. At
10 p. m. the jury suggested that it
be discharged. Fifteen minutes
after Judge Louderback had re-
fused to comply the patron was
called 10 attend Miss Winterburn.
Shortly thereafteri the session was
closed for the night, and the twelve
men and women, all appearing to
oe weary and overwrought, were
taken from the Hall of Justice and
herded into closed cabs to ride to