The New York herald., 1921-12-04
ARBUCKLE JURY OUT;
MAYQUIT AT1OA.M.'
Judge Sets AZ Hour Limit for
Considering Dismissal of
Deliberations.
II BALLOTS REPORTED
All Stood II to 1 for Acquit-
tai, Say Reports in Corri-
dor at Trial Court.
II BALLOTS REPORTED

SAN Francisco, Dec. 3.-The jury in
the Roscoe Il. Arbuckle manslaughter
case must reach decision or continue
its deliberations at least until 10
o'clock tomorrow morning. Judge
Harold Louderback, the trial Judge,
denied late to-day request Of counsel
for both sides that the jury be dis
charged.
The Judge said he would consider
tomorrow morning, If no verdict had
been returned by that time. whether
ne would hold the jury longer.
The request for discharge was made
on the ground that the jurors were
tired out and that it would be CO.
ercion to keep them balloting further -
II was made at approximately p. NJ.
court room more than twenty five
hours and had spent nine hours in
ballotng or discussion.
Seventeen Ballots the Same.
The jury got recess of two hours
for dinner at $50 =. NJ. Corridor
gossip said seventeen ballots had been
taken, all II to 1 in favor of acquittai.
Milton URen, Assistant District At
torney. announced at p. M. that he
would ask Judge Louderbacl< to dismiss
the jury because IL has been out for
twenty-four hours without reaching a
verdict"
Gavin McNab. chief counsel for the
defence. said lie would oppose any re-
quest for a dismissal of the jury at this
time. Earlier he declared he would in
sist on an immediate retrial in case of
disagreement
II want them TO deliberate until they
reach a verdict" he said.
At P. NJ. the jury sent for the
bailiff and asked him for some more
writing paper.
Court attaches intmated that the
trial judge had been approached by
counsel for both sides looking toward
discharging the jury and had declined 20
consider the matter at that time. They
said they believed the jury would not be
discharged tonight. At $3.50 y. NJ. il
was ordered that the jury go to dinner
and return at 8 80 for further delibera-
tions.
Matthew Brady, District Attorney, did
not appear in the court room during the
day, but was In his offices on the floor
above. The crowd in attendance started
with a mere handful and grew until the
court room and the surrounding corri-
dors were filled. Despite the dragging
hours II clung to the little court ROOM
expecting momentarily the rap on the
jury room door that would announce the
return Of the Jurors.
strain Tells ON ArbgckI
Arbuckle's mood changed throughout
the day. but it could be seen plainly
that the strain was telling on him. He
spent most of his time chatting with
counsel and other friends.
Late in the day Stephen r. Hopkins.
the thirteenth or alternate juror, who
was excused when the jury retired 10
deliberate yesterday, appeared in the
court room and was greeted with hand
clapping after bailiff jocularly an
Hopkins and Arbuckle shook hands and
chatted few minutes.
Defence counsel remained In the court
room throughout the day and McNab
expressed his impatience on more than
one occasion. He said he had been in
formed reliably that the jury stood
eleven for acduittal and one for con-
viction and that the juror who was
holding out was a woman. He ex.
pressed the opinion that the jury would
not return its findings until Monday.
The report that the jury stood eleven
to one for acauittal persisted although
there was another report that the bal
loting had reached nine to three for
acnuittal
The fact that the jury has not had
evidence taken TO IL indicated that the
argument in the jury room wns tend
ing mostly toward the swingings OF all
of the jurors to one side or the Other
rather than toward a discussion OF the
evidence in the case, according to court
officers.