Evening star., 1926-10-11
Weary Twelve DismissedLa
This Afternoon After Fu-
title Efforts.
DURESS AND VILE WORDS
ARE REPORTED TO JUDGE
One Juror Declares Minority Was
Subjected to Extreme Pressure:
Asked Advice.
ny the Associated Press
NEW YORK, October 1.-THE
fury trying the Daugherty- Miller
case was unable to agree this after
noon and was discharged.

NEW YORK, October 1l.-TWelVe
wan and weary jurors this afternoon
resumed deliberations on the guilt or
tnnocence of Harry NJ. Daugherty and
Thomas w. Miller. in last effort to
reach an agreement, after having the
case 65 hours.
Exhibits demanded during the morn
ing indicated that the jurors had not
reached an agreement on either of
the defendants, who are charged with
conspiracy to defraud the United
States in connection with the release
of American Metal co. shares amount
ing to $7.0o0,O0
Among the exhibits dema nded were
transportation vouchers, introduced to
show that Miller was In New York
the day John T. King. late Repub-
Hcan national committeeman from
Connecticut, received fee of $39l.-
900 in Liberty bonds
OF these bonds $50. 900 was traced to
Aliller'S bank and brokerage accounts,
and the Government contended it's evil
dence showed that Daugherty got
Sl74,0 of them.
Other transportation vouchers asked
hy the jury We're offered by the Gov
ernment during the early days of the
trial showing that Daugherty and
Jesse w. Smith, his man-of -all-work
House. Ohio, to New York Octover 49,
192l--the day on which the fee is al
legged to have been divided by King,
Smith. Miller and Daugherty.
Jury Is Weary.
With set. dreary faces. the dead
locked jury marched into the jury
room this morning, coz hours after
being given the case.
With two full days and part OF an
other Of deliberation behind them. the
Jurors clumped through the corridors
with the sullen expressions of men at
an unpleasant tssk which showed no
signs of completion.
On their way to the jury room the
veuiremen passed Daugherty and
Miller without a glance. The defend
ants. however. scrutinized the tired
faces of the jurors keenly.
When the jury was sent TO bed in
n hotel last night it had been out for
80 hours after a trial service of five
weeks.
Other tribulations of the jury, which
took the case Friday night, were ill
ness of one juror and failure to COM
prehend the relation of the law to the
evidence. Delay was caused by the
loss of two checks which the jurors
asked to see. After long search the
checks were found in a waste basket
In the court room. Both checks were
for $22. 1881, which Federal AttOr-
ney Buckner said were among the
most important Government exhibits
and related to burned bank records.
Murray b. White, one of jurors,
told Judge Mack shortly after 10
o'clock last night that he was III and
that if he had no rest he probably
would be unable to consider the case
today.
Charges Much Duress.
1nriCe yesterday the jurors filed
into the court room to hear Judge
Mack answer questions propounded by
them, or to listen to belated instruc-
tions on law Van Ost, the COM
plainant for the minority, voiced his
belief in the hopelessness of further
deliberations at once of these sessions.
You have no idea. your honor,
Van OSt said. what Is going on be-
hind that locked jury room door. You
cannot hear the vile language or
understand the duress that is being
used Sooner or later one or more
will of the majority and return a
verdict based on durcss. | ask you
If such a verdict would be fair"
The Judge answered, no, such a
verdict would not be fair Your YER
dict must be based on your honest
belief. You must be humble in your
opinions. You must listen each to
the CounselS of the others.