Evening journal., 1921-12-05
ON
TRIAL Second
time JAN. Q
Ccontinued From First rige)


used.
'The facts speak for themselves"
Arbuckle's chief counsel Gavin Nc
Nab declared. Statements Of
counsel are superauous."
District Attorney Mathew Brady
was plainly pleased at the failure OF
Arbucsie's "million dollar defense"
TO obtain an acquittal. He issued a
formal statement declaring he had
done his duty. although opposed by
wealth power and influence" He
said he was ready TO proceed January
. with a second trial.
Brady denied claims that thous-
ands Of dollars had been spent by the
state.
Il believe s2.5OO will cover our
expenses, he told the United Press.
But, say has Arbuckle told you
how much he spent? II was rumored
that the defense had cost a half
million dollars"
Immediately after the jury was
dismissed Arbuckle went 70 his hotel
with Minta Durfee. his wife. and
then spent the remainder of the
afternoon and evening in confer
ence with his attorneys. What went
on behind the bolted doors OF the
jury room was something Of mys-
terry except for the meager light
shed by formal statements from
August Fritz, foreman OF the jury.
Fritz charged that "one woman,
believed to have been Mrs Helen
Hubbard refused to consider the
evidence" and from the beginning
she would cast her ballot for con-
yiction and would not change II
until hell froze over"
He criticised the prosecution for
using Indecent language" In pre-
senting the case TO a mixed jury
and declared some members OF the
jury were surprised that Judge
Bouderbach did not interfere. He
termed the States case IAN insult
10 the intelligence OF the jury"
There were jurors who voted for
NOHNAANAWMH NAANlAAnk w AAAat
statement follows;
"I make this statement as a duty
to the public.
Insult 10 Intelligence.
There was a tacit understanding
that the members OF the jury would
not make Individual statements. I
have learned since that a number OF
81. D.. pH
believe, as foreman, that It is well
for those interested in the admin
istrauon OF justice that the citizens
OF San Francisco should have facts.
THE ten members OF the jury
who voted on the last ballot for ac-
quitfal. felt that they voted on the
evidence-fully considering II all.
one OF the two minority refused to
consider the evidence from the be-
ginning and said. at the opening OF
the proceedings that she would cast
her ballot and would not change II
until hell frozo over. The other was
huctuating. sometimes casting a
blank bailot--sometimes voting for
the defense and sometimes voting for
tho prosecution.
Considering all the evidence. II
seemed TO us that tho prosecutions
case was an insult to the Intelligence
OF the jury. II asked US to sub
stitute conjecture for facts without
showing what had been done, and
asked us 20 guess what might have
been done and guess only one way.
Human liberty and American
rights should depend. not upon
guesses OF anybody. but upon evil
denoe.
Csigned) August Fritz"
Tho members, Of the jury looked
haggard and worn when they hled
into the little courtroom. over which
a deep hush had settled and took
their seats. The foreman informed
the court "it is physically and NOR
ally impossible for us to reach
{ verdict" Al the request OF tn
5 court he announced the final bailo
i division.
= Superior Judge Harold Louder
e back. who tried the case. then toi
y the jury he wanted to dotormir
y II further deliberation might resu
4 in a verdict. 1T is not my desii
y 70 force any uncertain hardship q
u you" he said but this case hi
taken three weeks 10 try and hi
s been conducted at great expense.
= you can come to a verdict conscieni
? ously 7 desire you TO do So"
He then asked each juror for ,
opinion on the matter OF continue
balloting and each answered ef
phatically that It would be imposs
BILE 10 reach a verdict.
Arbuckle's defense was that !
was assisting Miss Rappe through
period OF Illness. caused. accordir
to defense contention by an intern
disorder at the time he is allegs
by the prosecution 10 have iniurs
her. The prosecution held that q
injury resulted from an attempt I
Arbuckle 70 attack the actress.
FOR RENT-S11 Washington S