The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1939-08-18
JUDGE REFUSES
JUROR REQUEST
FOR TESTIMONY
Can't Re Read All
of 1t, Says Yank-
witch in POO Case;
Hint of Mis-Trial

Wearing a blue shirt. 8
notified, flashy tie and NJ
black judges robe, Leon r
Yankwich laid down the Law
Wednesday night in the mai
fraud case against the Peoples
! Gas & Oil defendants.
Said the judge after an hours
argument:
You gentlemen are counting a
mistrial."
He was speaking both to govern
ment and defense counsel.
Il don't think you intend this
course. however" he said.
1t was IS minutes after nine
o'clock.
Keen-eyed Judge Yankwich
went on:
IF at 10 p. m. you gentlemen
still feel you desire another test
30 inform me and I will pronounce
/ . decision tomorrow"
The question at issue:
Whether a portion Of the
transcript of testimony could
be read to the jury, In COM
pliance with the talesmen's
request.
At 900 p. m. Yankwieh ruled a
part of the transcript might be
bread.
An hour later, in a case that
has lasted more than seven months,
apparently he was doubtful.
1 Said the judge, his bald head
Egleaming under night lights that
cast a glow over the eight Peoples
Gas & Oil defendants:
You may not read the transcript
<as a whole. This trial has gone
on for months. Such a procedure
Ewould be ridiculous.
However, you may read the
Testimony of any single witness at
any single time.
You may designate, in writing,
ythe testimony you wish to review"
Said U. s. District Attorney
Charles Dennis: II am willing"
Defense counsel did not object.
So the jury was ushered in (the
Jury had asked for the review Of
II want you to clearly under
stand" said Judge Yankwich,
that instructions 1 give are
my Instructions. They are not
Judge Cushman's. They are
not defense counsePs. They
are not the governments. They
are mine.
"And I stand upon them"
Judge Yankwich, it should be
noted, heretofore, after reading
seven months testimony, limited
his instructions to the jury to
points of law.)
Yankwich made it clear he wish
led to avoid a hung" jury. Our
|jurymen have worked hard for
months, are still working hard"
he said. I'VE should aid them to
arrive at a verdict"
After the night session the tense
defendants, with their counsel,
George vanderveer and Anthony
Savage. returned to their hotel
await a verdict.
Judge Yankwich Thursday morn
ing denied the request Of the jury
Tor a re-reading of testimony given
by four witnesses, and sent the
Jurors back for elaboration and q
verdict.
> He assumed responsibility for
the denial. on the grounds the re-
quest would involve an extra day
and one-half. However, he told
attorneys for both sides that II the
request comes again I'VE will see
II it is in the interests of everyone
that the testimony be re-read."
The jurors had asked for .
review of the testimony Of
James EngIer, Charles w.
Duncan. associate Of the
Straus Engineering company;
John Sparks, the straus book
keeper, and NJ. VI. Black. Los
Angeles attorney.
Denying the request Judge
Yankwich told the jury "fou
will have to rely upon your
recollection Of the particular
testimony.
The responsibility rests upon
me- do not deem IT advisable 10
call you back into open court for
another day and a half. IL any
question OF law arises. we viii take
1t I'D at the proper time, as long
a. II has no relation to facts In
the case"
Attorneys also agreed to permit
delivery of a sealed verdict II the
jury's decision Is reached at an
hour inconvenient TO the court
The verdict would be read when
the court reconvenes, in that event.
II was also agreed TO permit any
one of the various defense attor-
neys to represent each of the de-
PENDANTS in case other counsel Is
absent
WEATHER AND TIDES
Eair fnniphf and Sat Iemps.: