The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1921-12-09
JUDGE DISCHARGES
ARBUCKLE JURORS
Fail to Agree After Three Days
DeIiberation.
WOMAN CARRIES HER POINT
Mrs. Hubbard Refuses to Listen to
Argument and Votes for convic-
ton Throughout-Final Vote
Was 10 to for Freedom.

San Francisco, zee. 5.-The FATTY"
Arbuckle jury reported a disagree
ment at 12:15 in the afternoon and
was discharged.
The foreman reported that the final
standing of the jurors was 10 TO In
favor Of acquittaI.
Judge LOuderback set January as
the day for the case to come up again,
and already rumor is busy with Specu-
lation as to whether FATTY" will be
tried again. Some critics say he will
and others believe the case will be
postponed again, and again, and final
ly erased from the calendar.
After good nights rest the jury
resumed it's deliberations at 1890 In
the morning.
Miss Louise Winterburn, whose ill
ness necesSitated an early retirement
at night, had entirely recovered. Miss
Winterburn is feeling fne," said the
matrOn in charge of the women jurors.
When the jury reconvened the pros
poets of verdict appeared SLIM Al
though the ballot taken before retir-
ing was said TO have been II to / for
acquittal, the woman voting for con-
victiOn continued to do so and won
over second woman. The jury had
the case three days.
Jurors Talk.
Judge Louder5ack commended the
jury on their endeavors to reach a
verdict, and formally discharged them.
And with the ban removed, the flood
gates of speech were loosened and
they began TO talk some reluctantly,
others willingly, and the details Of
what transpired during those two
days in the jury room began to get
the light Of day. There was the one
exception, Mrs. Helen N Hubbard
would not talk. She was met by
friend at the door of the courtroom.
"Get me out of here quickly" she
said, and the friend took her down
the rear elevator and out through po-
lice headquarters into an alley. She
declined to discuss the matter with
reporters.
But the other women felt differ
emily, and what they had to say was
received with especial interest. There
were five women in the Arbuckle Jury.
Three of them, Mrs. Kitty Mcdonald,
Mrs. Dorothy O'Dea and Mrs. AIDE
laide Nelson, were for acquittal, first,
last and all the time. Miss Louise
Winterburn vacillated She voted for
acquittal and she voted for convic-
hut cI,n g.
ton. Mrs. Hubbard was for convic-
ton from the start, and never changed
her vote. 1t Nas she who really
hung" the jury.
The case went to the jury Friday
afternoon at four o'clock. Immediate
~ upon entering the jury room the five
women and seven men cast their first
votes on the question Of conviction or
acQuittal. This vote was IL for ac-
quittal and / for conviction.
The other jurors asked her to ex-
plain her vote. She smiled and
drummed her fingers on the long table.
There was much oratory vented for
her benefit. The evidence was re-
viewed and the personality OF the prin-
cipals and the witnesses In the case
discussed. Then another ballot was
taken.
The vote was Ii for acQuittal and
for conviction.
Hears More Speeches.
Again the woman "holdout" was
harangued. Again q vote was taken.
Again the vote showed Ii to 1.
The jurors went to dinner. They
returned and continued their discus
sion and their voting until ten o'clock
Friday night. Seven votes had been
taken by bedtime and the attitude of
every juror remained unchanged.
After the nights sleep the jurors
again got down to their task. The
frst vote of the morning showed II
to !.
But now the woman who refused to
acquit began to talk. She drew upon
such funds of logic that when the
next ballots were cast the vote was
10 to 2 In favor Of freeing the fat
comedian.
There were later votes. Finally an
other who had determined on an ac-
quittal verdict Topped to the wOman's
side. The vote then was 9 for acQuit-
tal and for conviction.
Then 1t switched back to IL to 1
and showed no likelihood of varying
from this proportion. Several times
the jurors sent word to the Judge that
they were hopelessly deadlocked. The
Judge sent word back that they must
continue to try to reach an agreement.
The last ballot showed another
switch TO 10 to g.