The Birmingham age-herald., 1921-12-04
JUDGE REFUSES
 LAWYERS PLEAS
 10 DISMISS JURY
Woman Juror Is Reported to Be Slightly III-To Return to Court
 Today
By Associnted Press

San Francisco. December B. The jury in the mansIaughter case of Roscoe c. (Fatty) Ar buckle was taken to its hotel at 1Oi37 p. m. after Miss Louise E. Winterburn was reported to have suffered slight attack of iIl-
 ness. The jury is to return to court at 10 n. m. tomorrow.
 The jury had been expected to
 deliberate until il P. m., but Miss
 Wfnterburn's illness forced m 0r- der that 1t he locked up at an
 ehslier hour. The courtroom re- mained crowded throughout the
 deliberations tonight.
 Gavin NcNab, chief defense coun-
 sel, said he ha0 ceased to spec ulate on the outcome.
 Milton T. U'Ren, assistant dfs- triet attorney, reiterated former statements that the jury should he discharged as unable to reach n verdict. He had requested the judge to order such discharge
 earlier but the request was de-
 nied.
 The Jury had been out 29 hours and f5 minutes. The couit will determine tomorrow whether they shall deliberate fudther.
 San Francisco, December 3.-The jury in the Roscoe C. Arbuckle man slaughter cast must reach a verdict or continue it's deliberations at least until 10 o'clock tomorrow morning Judge Louderback, the local judge denied a request of counsel for both sides late today that the jury bt discharged.
 The judge said he would consider tomorrow morning if no verdict hae been returned by that time whether he would hold the jury longer. The request for it's discharge was made on the ground that the jurors were tired out and that it would bt coercion to keep them balloting fur ther." It was made at approximate ly D. m., after the jurors had been out of the courtroom more than 2' hours and had spent nine hours il balloting or discussion.
 The jury was given a recess of two hours for dinner at 6;30 D. m. Corrt dor gossip said 17 ballots had beei taken, all II to 1 in favor of ac quittal.
 
 San Francisco, December B.
 Milton U'Ren, assistant district
 attorney, announced at p. m. to-
 day that he would send for Judge
 Harold L0uderback, the trisl
 judge, and ask that the jury in
 the Roscoe c. Arbuclsle man.
 slaughter cnse he dismissed "be-
 cause 1t has been out for 24 hours
 without reaching n verdict.r
 Gavin McNab, chief counsel for
 the defense. said he would oppose
 any request for n dismissal of the
 jury at this time. "I want them
 10 deliberate utniI they reach II
 verdict" he said.
 At 4 p. m. the jury sent for the
 bailiff and asked him for some
 more writing paper.
 The restlessness of counsel, cour attaches and spectators became mor' pronounced as the hours dragged on At o'clock the jury had spent nin' hours in actual deliberation.
 District Attorney Mathew Brad, did not appear in the courtroom 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 a mere hand full and grew until the courtroom ant surrounding corridors were filled Despite the dragging hours 1t cluni to the little courtroom, expecting momentarily the rap on the jur, room door that would announce th' return of the jurors.
 Arbuckle's mood changed through out the day but 1t could be seei plainly that the strain was tellins on him. He spent most of his tim chatting with counsel and othe friends.
 Late in the day, Stephen E. Hop kins, the thirteenth. or alternat juror, who was excused when tn jury retired to deliberate yesterday appeared in the court and wa greeted with handclapping after [ baliff jokingiy announced his pres ence in a loud voice. Hopkins an, Arbuckle shook hands and chatte' a few minutes.
 Defense counsel remained in tn courtroom throughout the day ant Attorney McNab expressed his i'm patience on more than one occasion He said he had been informed re liably that the jury stood II for ae
 (Continued on Page Two)