Evening star., 1950-05-28
DeadIocked Jurors
Discharged, Ending
Draper-AdIer Trial
by the As.eeioied Press

The Federal court trial of $780,
600 libel suit by Entertainers
Paul Draper and Larry Adler
against Mrs. Hester r. McCul-
Tough ended today in a jury dis
agreement.
The jury of eight women and
four men was unable to decide
whether Mrs. Mccullough, wife
of a Time Magazine staff mem
ber, libeled Mr.. Draper and Mr..
Adler when she accused them of
pro Communist activities.
Lawyers for both sides said the
case automatically will go back
on the court calendar for re-trial
at a later date.
Indications were that a second
trial would not take place for at
least a year.
IL Hours Deliberati0n.
Federal Judge j. Joseph Smith
discharged the jury when it re-
ported for a second time it's fail
ure to reach a verdict in delib-
erations that began yesterday aft
ernoon.
The actual time spent in de-
llberatlng was more than II hours.
Mr.. Draper, a dance stylist, and
Mr.. Alder. harmonica virtuoso,
issued this statement after the
jury was dismissed:
I'VE have truthfully told our
whole lives to the jury. In the
present climate of public opinion,
the failure of this jury to be con-
vinced of the truth of the charges
which have been made against us
is vindication of our loyalty"
Mrs. Mccullough, in tears over
the outcome, told reporters:
Naturally I am greatly disap-
pointed. I know, however, that
the members of the jury gave the
case their most earnest and care
full consideration.
II am grateful to Judge Smith
for his patience and impartial
conduct of the trial. I still feel
that communism is the greatest
threat to our American way of
life"
Jury's Efforts Praised.
The end OF the month-long trial
came at $3.50 pm. (EDT.
For the second time today. the
jury filed into the courtroom and
Judge Smith asked if it's members
had reached verdict.
I'VE have not" said the FORE
man, Paul Butterworth, 81, a re-
tired real estate broker,
Judge Smith said the failure to
agree was unfortunate "in view of
the length of time and expense
involved"
But he praised the jurors for
naVlng "conscientiously tried to
reach a verdict" and then dis
missed them.
Two hours earlier. the jurors re-
ported their first failure to agree.
At that time Judge Smith sent
them back, after a luncheon re-
cess. to make "one more attempt"
He added, however, that any
agreement must be real and must
not represent mere acquiescence"
by unconvmced Jurors.
Damage to Earnings. q.
Mr.. Adler and Mr.. Draper con-
tended in their, suit that their
regulations were damaged and
their earnings suffered because of
Mrs. McCullough's charge that
they were pro-Communist.
Mrs. Mccullough, 80, a Green
Wieh. Conn.,, housewife, contended
IN the month-long trial that her
charges were true and that she
made them in the public interest.
She asserted at one point that
she regards the men as concealed
Communists"
The suit stems from a published
letter in which Mrs. McCullough.
wife OF an assistant picture editor
OF Time Magazine, said Mr.. Draper
and Mr.. Adler "openly supported"
a number of Communist front Or
ganizations.
She wrote the letter in the
course of a one-woman campaign
to prevent their appearance in
joint concert at Greenwich in
January, 1949. She also declared,
IN a Kiwanis Club speech, that
anyone interested in communism
was interested in the overthrow
OF the Government and should be
treated as traitor.