Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1921-12-05
WOMAN JUROR
DECLINES TO
ACQUlEFAT7Y
Arbuckle Jury Dismissed
After Lone Woman Stood
Against Acquittal
RETRIAL JANUARY .
n Tilt With Prosecutor Film Coined
ian Declares His conscience 10
Clear.

ian Declares His Conscience IS
Clear.
San Francisco, Dec. 5.-Fatty Ar
buckle may have to go on trlai again
;nmediateiy after the Christmas noil-
days. The jury in the trial OF the 1am-
Gus fat comedian was discharged oat-
urdav afternoon, having failed TO
reach an agreement. The final vote
was ten to two in favor of acqulttal'
according to August Frietze' Iore- t,
man. One woman juror voted eulity
from the first ballot, ana nevel
changed her vote. All the others at one
time voted for acquittal, one Daiiot
being eleven to one for acqulttal. a
ma iority favored acquittal throughout
the lowest ratio being seven to hve:
The Jurors, questioned after their
discharge. declared that had 1t not
been for Mrs. Helen Hubbard. they
would have returned in ten minutes
with verdict of not guilty. Mrs. HuD-
bard voted for conviction on every Dal,
lot, they declare. Nothing they couid
say or do would sway her. She woulo
listen to no argument, would discuss
no part of the evidence. she SIMPLY
said she would vote guilty till Hell
froze," said one of the jurors, and
she meant it," Thomas Kilkenny also
voted for conviction on numerous pal
lots, but it is said he voted so in the
hope of gaining Mrs. Hubbard's con-
fidence and bringing her over to the
other side. He some times voted with
the ten, for acquittal, sometimes cast
a blank ballot.
District Attorney Brady said that
he believed he would ask for second
trial Just after the holidays. Gavin
McNab, Arbuckle's Grief counsel, said
he was ready, even anxious, to try the
case again. 49,
"The result of the balloting was
a moral victory, at least" McNab
said. 'It reflected the overwhelming
belief of the community that Ar.
buckle could not have been guilty OF
the things with which he is. charged"
Out from Friday afternoon until
1905 Saturday, the jury of seven men
and five women, all married except
one of the women, cast more than
twenty ballots.
But even after this long time Judge
Louderback, called to court just be-
fore noon Saturday, was loath to ac-
cept a mistrial, and he canvassed the
jury one after another, to ascertain
if there was not some hope Of agree
ment. Informed that there was abso-
lutely none, he asked the opposing at
torneys to say whether they believed
the jury should be discharged.
Milton U'Ren, States attorney, said
he believed the jury should be dis
charged. McNab, for Arbuckle, said
he would leave it entirely to the bench.
"Then l make a finding that this
jury is discharged" said Judge Loud
erback, thanking the jury.
Fatty" rolled brown paper cigar
cite, waited until the judge had said
it would be impossible to try him
again before January 9, and the oppo-
sition had agreed to the date, then lit
his cigarette and got up.
Deputy District Attorney Milton
Uren walked over to Attorney Nc
Nab, Arbuckles chief counsel, and held
out his hand.
"I just want to congratulate your
client on his gameness," he said.
Arbuckle, who was standing beside
his counsel, said:
"I'm game because my conscience
is clear, much clearer than yours Mr..
Uren."
Outside the Hall of Justice Mrs.
Arbuckle stood with her mother, Mrs.
Flora Durfee, and some other friends.
"The poor boy" she said. "He'll
have to go through it all again"
Court adjourned, Fatty stepped to
where his wife, Minta Durfee, actress,
once estranged from him, was wait
ing. He took her in his arms and
whispered something to her. She was
| obviously having a. hard time to re-
strain an impulse to sob on his huge
shoulder but she controlled herself
and they left the courthouse arm in
arm.
Today Arbuckle will appear at the
Federal investigation into the party in
| the st. Francis Hotel last Labor Day;
the party at which Miss Rape was
fatally injured. The government is in
terested because liquor was served at
that party.
The jury quit discussing the case
last night at 10:37, due to the i'll
ness Of Miss Louise E. Winterburn
the only unmarried member. At 10
p. m. the jury suggested that it be
discharged. Fifteen minutes after
Judge Louderback had refused to
comply the matron was called to at
tend Miss Winterburn. Shortly there
after the session was closed for the
night, and the twelve men and women
all appearing to be weary and over
! c<lk l..s. II