Imperial Valley press., 1931-08-07
COURT INSTRUCTS
VERDICT FAVORNG
HEIRS OF FLOOD

/ REDWOOD CITY. Aug. Z 0UP)-
An instructed verdict in favor of
+ the heirs OF James L. Flood today
shattered the dreams of Mrs. Con-
stance May Gavin. who sought
| s4000,000 as a daughters share of
I ne Sl8.000.000 Bonanza fortune
! founded on the Comstock lode by
Jim c. Flood.
The case ended with dramatic
suddenneSS when Judge George H
Buck, 80 year old jurist. instructed
! the jury of four men and eight
women TO return a verdict against
Mrs. Gavin No final arguments
were heard.
The verdict was not returned un-
til after more than half an hours
wild uproar had been caused when
several jurors refused temporarily
to sign the verdict and defied the
judges orders.
Thus, subject to appeals to
higher courts which her attorneys
announced they would take, Mrs.
Gavin lost her suit to be recogniz-
ed as Floods daughter after five
years of preparation and a trial
lasting since Monday, July 20.
Under the law, it was explained.
the jury must follow the judges
instructions, or he may set aside
their verdict. A judge is empower
ed to order a directed verdict where
the evidence introduced is such
that a contrary verdict could not
have been reached. Final deter
mination. if an appeal is taken, on
whether the evidence justified sIch
instructed verdict, Will be made by
the higher courts.
Judge Is Kissed
A few minutes after the jury had
been locked up at 1888 a. m, 10
consider the judges directions, the
courtroom was plunged into al up
roar when the jurors filed out and
one OF them, Aileen Maguirc, San
Mateo. Shrieked she would refuse 10
comply with Judge Bucks order.
Spectators burst into loud cheer
ing and handclapping at her de-
fiance.
Judge Buck, infurlated, ordered
the courtroom cleared. The order
caused more commotion and the 80
year-old jurist was hissed ana
booed
When order was somewhat re-
stored, J. E. A. Miller, foreman OF
the. jury, asked if it was manda-
tory upon the panel to comply with
Judge Bucks orders for a verdict
favoring the Floods.
"Most assuredly it is" Judge
Buck answered.
The jury then filed back for fur
ther deliberation.
Mrs. Gavin, pale when the trial
ended, collapsed in her seat when
she heard the instructions to the
jury-lnstructions that meant the
collapse of her five-year effort-and
she was led in tears from the court
room by her husband, Joha P. Ga
vim, Los Angeles bank telle: who
has sat at her side through tile Cr-
deal of the trial
The judges instructions for dl-
rected verdict were given on mo-
ton by Theodore j. Roche OF couil-
sci for the Flood The judge or
dered the panel to vote No on
the following three cardinal issues;
l. Was James L. Flood the father
Of Constance May Gavin?
2. Was she brought into his home
as his "illegitimate" daughter.
3. Was she received as his illegitl-
mate child with the full knowledge
and consent of his first wife, Rose
Flood?
Jurors Amazed
The Jurors looked amazed as they
heard Judge Bucks Instructors.
They filed into the jury room amid
a dead silence and the crowd in the
courtroom awaited what appeared
to be merely a technical verdict in
favor of the Floods-a mere per
functory action by the jury in view
of the instructions.
When the minutes passed ana the
Jurors failed 10 come out, the crowd
became restless. The situation was
made all the more tense by souncS
of loud argument coming from the
jury
Ordinarily the jurors should have
been out in about five or 10 minutes
after signing their names to the
verdict. Finally there was a knock
at the door and out came the jurors
to defy the judge. The wild scenes
followed.
During the disorder, Mrs. Maude
Lee Fritz Flood and her son. James
L. Flood, Jr., remained in the court
room awaiting the outcome OF the
dramatic developments: Mrs. FLOOD
appeared on the verge Of collapse
which overcame Mrs. Gavin, now
ever. when the crowd booed the
judge.