The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-12-05
BALLOT WAS
1OTO2FOREMANOF
JURY DECLARES
ArbuCkle Says Woman Juror
Prevented His ACquittal.
New Trial Has Been Set
For January 9
BY Associated Press


San Francisco, December A.
August Fritze, foreman of the
ArbuckIe Jury, issued signed
statement tonight. saying that
one OF the women Jurors who was
In the Majority, refused to corr
slider the evidence from the be-
ginning, and declared that "shs
would cast her ballot and would
not change II until hell frOEe
over"
There were two jurors who
voted for conviction, according to
FrItze. HIS statement fOIiowst
~ make this statement as n
duty to the DublIct
.'There was n tacit understands
ing that the members of the Jury
would not make Individual state
ments. 1 have learned since that
number OF the jury havev how
ever, done so, and / believe. as
foreman, that 1T is well for those
Interested In the administration
of Justice that the citizens of San
Francisco should have facts.
ss1he ten members of the jury
who voted on the last ballot for
acqulttRl felt that they voted on
the cvidence-fully considering IL
all. One of the two minority re-
fused to consider the evidence
from tho beginning, and said, mt
the opening of the proceedings.
that she would cast her ballot
and would not change II until
hell froze over. The other was
fluctuating, sometimes casting
blank bnlIOt--sOmetimes vet
ing for the defense, and some
times voting for the prosecution.
"COnsiderinR all the evidence. IL
seemed to us that the prosecu-
tion's case 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 ny 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.
(slgned) "AUGUsT FRITzE."
San Francisco, December 4.-Afte
men and fve women on the jur.
which tried Roscoe Arbucl,,e or
,harge OF granddaughter in connection
With the death of Virginia Rappe W.
Ii scharged today when Il vas an.
sble TO agree upon a yer tet
The jury was brought aut1 caNf
II its own request at noos. e.af 81
l disagreement and asked IT,
II at the final ballot stood 10 to 2. Blu
lie did not say whether the maJorit'
favored conviction or acquittal.
Court officers said, however, ina
he balloting favored acquitts
The case was set Tor re
rial January 8.
In a statement following the jury
eturn. Arbuckle declared one of tn
I've women jurors had prevented nj
.cquittal because she refused to al
ow her fellow Jurors to discuss IN
evidence or reason with her, an
would not give any reason for ne
He did not name tn
Juror.
District Attorney Brady said tina
,rbuckle had been given "a fair an
honest trial." and complimented tn
urors who held out for conviction
,s having courage and determine
ion" He was not In court when tn
ury reported.
IT had hoped the jury woui'
each an agreement" he said. Il con
1dently expected a verdict OF guilt
mon the evidence presented. In M
,ninion the disagreement does no
indicate Roscoe Arbuekle. vindi
"a tion could come only after quick
unanimous verdict. 1t was my out
a nre.ent the facts to a jury. TIL
Continued on Page Ten)