The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1921-12-05
JURY FAILS TO
REACH VERDICT
Seven Men and Five Women
Jurors Had Case Under Ad-
visement for Al Hours.
FOREMAN OF JURY
ISSUES STATEMENT
One Juror Declared She Would
Not Change Her Ballot I'M
ill Hell Froze Over.
fnv 80 AssoeIated Pressl

SAN FRANCISCO. Dec. AFTER Al
hours Of deliberation the jury, COM
posed Of seven men and flve women.
which tried Roscoe G. Arbuclxle on a
charge of manslaughter in connection
with the death OF Virginia Rappe, was
discharged today when 1t was unable
to agree upon a verdict.
The jury was brought into court
at its own request at noon, repovted
disagreement and asked that it be
discharged.
August Fritze. foreman OF the Ar
buckle jury, issued a signed statement
tonight saying that one OF the women
jurors, who was i'm the minority. re-
fused TO consider the evidence from the
beginning and declared that "she
would cast her ballot and would not
change It until hell froze over"
There were two Jurors who voted
for conviction, according to Frltze.
His statement follows:
Il make this statement as a duty to
the public.
There was q 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 well
for those interested IN the administra-
tion Of justice that the citizens of San
francisco should have the facts.
"The 10 members Of the jury, who
voted on the last ballot for acquittal,
felt that they voted on the evidence
fully considering it all. One OF the
two minority refused to consider the
evidence from the beginning, and said
at the opening OF the proceedings, that
she would csst her ballot and would
not change IL until hell rroze over. The
other was f1uctuating sometimes cast
ing a blank ballot--sometimes voting
for the defense and sometimes voting
for the prosecution.
"Considering ail the evidence. 1t
seemed to us that the prosecutions
case was an insult to the intelligence
Of the jury. It asked us to substitute
conjecture for facts without showing
what had been done, and asked us to
guess what might have been done and
TO guess only one way.
Human liberty and American rights
should depend. not upon the guesses
Of anybody. but upon evidence"
In a statement following the jury's
return Arbuclxle declared one Of the
five women jurors had prevented his
acquittal because she refused to al
low her fellow juroros to discuss the
evidence or reason with her and would
not give any reason Tor her attitude" :"
lie did not name the juror.
District Attorney Brady said that
Arbuclxle had been given a fair and
honest trial" and complimented the
jurors who held out for conviction as
having courage and determination"
lie was not in court when the jury
reported.
Il had hoped the Jury would reach
an agreement" he said. II confidently
expected a verdict OF guilty upon the
evidence presented. In my opinion
the disagreement does not vindicate
Roscoe Arbuckie. A vindication would
only come after quick unanimous
verdict, II was my duty to present
the facts 20 q jury This have done
though opposed by wealth, power and
influence"
The members OF the jury looked
tho little court room over which a
deep hush had settled. and took their
seats. The foreman. August Fritze,
informed the court "it is physically
and morally impossible for us to reach
q verdict" At the request OF the court
he announced the final ballot division.
Superior Judge Harold Louderback.
who tried tha case then told the jury
he wanted 10 determine IL further de-
liberation might result in q verdict
cit 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, II you can come TO a verdict
conscientlously, I desire you to do so .
Hethen asked each juror for an
opinion on the matter Of continued bal
loting. and each answered emphatically
that it would be impossible to reach
a verdict.
The members Of the jury refused to
make statements Of any kind before
leaving the building. After reporting
TO the court they were escorted to
fContinued on pace oA