Evening star., 1949-03-10
Axis Sally Jury
Tightly Locked
After24Hours
All Go to Lunch;
Miss GiIIors Shows
No Sign Of Strain
By james J. CuIIinone

By james J. CuIlinone
A District Court jury of five
women and seven men passed the
24-hour point today with no sign
of a verdict in the treason case
of Mildred E. (AXis Sally Gillars.
The jury resumed it's work at
9:40 am. and before luncheon
time its actual period of delibera-
ton had extended beyond 10
hours.
At 1855 pm. deputy marshals
escorted the jurors to a Fifth
street restaurant for lunch. The
jurors were solemn-faced as they
filed out of the courtroom and
their expressions gave no indica-
ton that they might be near an
agreement
The 48-year- -old. gray-haired de-
fendant had reached the court
house from the District Jail five
minutes before the jury started its
morning deliberations.
The jurors. who looked tired
when they were taken to the Con-
tinental Hotel shortly after 1890
last night, appeared refreshed by
a nights sleep.
Miss Gillars arrived at court on
bus loaded with prisoners being
brought in to face variety of
charges, mostly minor. She rode
on the rear seat and was the last
to leave the bus.
Sister Waits for Bus.
Her sister and her brother-in
law, Mr.. and Mrs Edward R. Her.
rick of Connaut, Ohio, were wait
ing for the bus.
Good morning, dear" Miss GIL
lars said to her sister.
Then she was escorted into the
building.
The fact that the jury signified
its willingness to go to bed so early
last night was taken as a sign that
at that time no verdict was in
sight.
After the jury began it's delib-
erations yesterday at 1908 pm.
the only word that came from
the jury room was a request for
a copy of the transcript Of the
% short-wave radio programs
broadcast from Berlin by Miss
Gillars which the Government
charges constituted overt acts Of
treason.
Kelley. Laughlin Both Confident.
Chief Prosecutor John M. Kel-
ley, jr.. said he felt the jury's re-
quest for the text of the programs,
in which Miss Gillars denounced
President Roosevelt and said she
was convinced the German side
is the right side indicated a ma
jority of the jurors favored con-
viction.
Chief Defense Counsel James j.
Laughlin. on the other hand. said
he believed a majority of the
jurors were in favor of acquittal
and that they called for the tran
script in an effort to convince a
minority group that Miss Gillars'
remarks did not constitute treason.
Judge Edward M. Curran has
given no indication as to how
long he will allow the jurors to
deliberate before calling them
into court to ask if they are near
verdict.
Court attaches predicted that
Judge Curran would deliver the
so-called ALLEN charge" in which
the minority is instructed 10 make
every effort to compromise con-
scientiously their views with those
of the majority, if the jury re-
mains deadlocked late today.
Shows No Sign of Strain.
Miss GillarS was locked in the
cell block in the basement of the
courthouse while the jury deliber-
ated. When she was taken to the
bus to return her to the District
Jail shortly after II pm. she
smiled brightly and waved TO hel
sister and showed no signs OF the
strain she has undergone.
Mrs. Herrick, who has attended
every session of the seven-Week-
old trial, was joined last night by
her husband.
Mr.. Laughlin, while expressing
confidence that the jury will
exonerate the defendant-the
first person ever tried for treason
in the District-said he is pre-
pared to move Immediately for a
new trial If she is convicted.
Mr.. Laughlin said he felt Judge
Curran's charge to the jury was
"prejudicial." Judge Curran told
the jury that Miss Gillars' story
that she was Influenced by the late
Prof. Otto Koischwitz, whom she
loved, could not be construed as
justification for treason. Judge
Curran also. told the jury that
they could not condone Miss Gill
lars alleged reasonable acts on
Continued on Page A-4, Col. H.
1nn;nh4 Ia Rn fIn,r cnId.