Evening star., 1949-07-09
'Juyy in Disagreement,
u. 5. Planning TO Try
Hiss Again in Fall
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nSS HyoM M1un
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Of Time Magazine. asserted Mr..
Hiss. then the $2O,O00-a-year
president of the Carnegie En-
dowment for International Peace
had belonged to prewar Com
munist underground group in
Washington. Later came the
Chambers charges about getting
secret documents from Mr.. Hiss
for transmission to Soviet spies
Dramatic and tense as was the
trial, especially during personal
appearances of Mr.. Hiss and Mr.
Chambers on the stand. its final
phase yesterday was the most
wearing and at same time one of
the most compelling performances
of all.
The jury that had deliberated
from 4:20 to 1890 pm. Thurs
day and spent the night at the
Knickerbocker Hotel on West 45th
street, started in at $50 am. yes
terday, half hour ahead of the
schedule set by Judge Kaufman
Asked to Re-read Charge.
The first real indication that it
was deadlocked developed at 11:40
am. The jurors asked the judge to
re-read that portion of his charge
of last Thursday dealing with
the definition and significance of
corroborative and circumstantial
evidence as applied to proof OF
perjury.
The jury had been back from
lunch little more than an hour
when at 1920 pm. it sent this note
to the judge: THE jury feels 1t
cannot arrive at a verdict
Judge Kaufman called them in
and told them to make at least
one other attempt to arrive at
a verdict. He summoned them
again about an hour later to say
he had been wrong in telling them
that they were not entitled to
have a copy of the judges charge.
II do not think 1t would
materially help u.s." Foreman
James replied when asked If the
jury still wanted the copy.
Agrees to Try Again.
Again at 5 pm. the jury sent
this note to the judge: "The jury
is unable to arrive at a verdict
The judge called them in the
courtroom and reminded them
that the trial had gone six week.
and cost the Government anc
defense a lot Of money. He sale
failure to reach verdict might
necessitate another trial.
DO you think 1t is possible tt
reach a verdict, Mr.. Foreman?'
he asked.
II think 1t is possible to make
another effort" Mr.. James said
When the clock on the high
paneled wall stood at 6:35 pm
the judge brought the jury in
again to ask If they had reached
a verdict. Told again that no
verdict was in sight, the judge
wanted to know If the jury wished
dinner.
Turns Down Dinner.
"It seems not. your honor" Mr.
James informed him.
"Is the jury deadlocked?" the
Judge asked.
The foreman looked at his fel-
low jurors for a moment and
answered: Eyes. sir, it is.'
mo, no, no." some Of the Jurors
corrected him.
Il beg your pardon" Mr.. James
said. "One juror as we came in
did ask for additional time"
$50 you don't want to go tc
dinner?" the Judge queried.
II believe that is the consensus,
the foreman commented.
The 10 men and two women filed
back to the big room directly
across the marbelled corridor from
the 18th floor courtroom. All OF
them looked tired, most of them
seemed strained and grim and
some had facial expressions that
could be interpreted as angry.
Then began the wait that seemed
longest and most inexplicable OF
all. Attorneys, news reporters and
spectators speculated not only
about the request for additional
time instead Of dinner but also
about the lack of any word from
the jury as the clock licked of
more than two hours.
Hiss Shows Tension. :
Mr.. Hiss, Notwithstanding the
increasing tension he showed at
each return to the courtroom, was
reported by his attorneys to be
supremely confident that the jury
eventually would bring in a not
guilty verdict. This was especially
the situation while the Jury re-
manned in session long after the
dinner hour.
AS he sat with his wife and
legal associates in small room
to the rear of the courtroom, a
half an hour before the jury came
in for the last time, he was writ
ing statement to be given to the
press when an acquittal verdict
would come, one of his attorneys
disclosed.
Yet. several Of the Jurors re-
vealed later, most Of the jury had
been against him almost from the
start.
The first vote, taken within a
half hour after the jury started
its deliberations Thursday after
noon, showed four for conviction
four for acquittal and four non
commital, It was disclosed.
The four who initially favored