The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1921-12-04
WOMAN JUROR
STANDS IN WAY
Of FILM COMIC
AND ACQUITTAL
Judge Refuses Request Of
Talesmen to Be Discharged.
insists on Verdict.
DISAGREEMENT IS LIKELY
Date Of RetriaI Already a SUBJ
ject Of SpecuIation-crowd
Thins Out.
DISAGREEMENT IS LIKELY
BY ELLIS H. MARTIN.
International News Service.


SAN FRANCISCO. Dec. 3.-The
Arbuckle jury will NOT be dis
charged tonight. Every possible
chance will be given tomorrow for
them to reach a verdict.
This was a decision of q confer
ence shortly after 6 o'clock in the
chambers Of Judge Lauderback.
Probability Of a hung jury grew
.onight as the hours passed with
,ut any sign Of an agreement.
Conference Is Arranged.
At 4:30 p. m. today the jury called
Bailiff McGovern into the juryroom.
They asked to be taken before Judge
Louderback. Tho Judge was not at
his office and they were told he would
not be summoned unless a verdict had
been reached. As no verdict had been
reached, the Judge was not sum-
moned. Later, however, q conference
was arranged at which the jury asked
to be discharged.
The jury went to dinner at 6:55 p.
m. tonight. They returned to their
deliberations at $50 p. m.
This much was learned concerning
the conference:
Gavin McNab suggested that the
Jury be permitted to remain out until
Tuesday morning in an effort to
reach a verdict.
Assistant District Attorney U'Ren
opposed this as imposing what
would amount to coercion" on the
jury.
Judge Louderback indicated he
tomorrow morning.
Eoven to One for Acquittal.
A ballot il understood to have been
taken at 4:30 o'clock, which stood IL
to for acquittal. according to a re-
port about the courtroom. A woman
Juror. 1t is said. is holding out for
conviction.
II an agreement Is not reached by
Monday afternoon. 1t is expected JUS
tice Louderback would order their dis
charge. This would mean a new trial.
District Attorney Brady said tonight
that the possibility Of new trial hao
never been discussed, as he and his
assistant expected q verdict of guilty
to be returned.
Defense counsel, on the other hand.
were equally strong in their belief
that one or two stubborn ones are
holding out and will eventually cast
their vote for acQuittal.''
No Hope Of Early Retrial.
1t was stated tonight, however. that
there is little likelihood Of q new trial
until after the first OF the year.
IF a new trial must be had, we are
ready to start at once" Gavin NC
Nab, chief counsel for the defense de-
clared tonight. 1t WAS pointed out
today that the holiday period would
interrupt any trial started immedi-
ately and necessitate postponement
until after New Year.
Only a few Of the faithful specta-
tors, who have clung to their seats
in the little courtroom like leeches,
remained this afternoon to await the
verdict. And as the vigil wore into
the night this crowd dwindled.
Arbuckle restrained nervousness by
walking about the corridors, occa.
sionally seating himself with McNab
who sat quietly at counsel table wait
ing word from the jury.
The shift In the ballots puzzled the
"dopesters" all day. 1t was virtually
accepted around the corridors Of the
Hall Of Justice that until very late
last night the count was 11-to-l for
acauittal. Two jurors appeared to
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