Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-07-10
DeadIocked
Jurors
Discharged
Two on Panel
Say Majority
Voted 'GuiIty'

Nore0 SuIlty
The jury in the Richard A.
Mack Thurman A. Whiteside
conspiracy case was discharged
today after celebrating for
more than 30 hours without
reaching a verdict.
Members Of the Jury said
they were deadlocked at IL to
] for o guilty verdict when
United States District Judge
Burnita S. Matthews dis
charged them from further
consideration Of the case. One
member said they had been
deadlocked since Tuesday.
Judge Matthews acted after
receiving q note from the jury
foreman, Robert A. Burner. in
which he reported the Ill
stand. Mr.. Burner did not dis
close whether the majority
favored conviction or acquittal,
but two members later told The
Star that the IL votes were for
conviction.
Conspiracy Charged
Mr.. Mack, former member
Of the Federal Communications
Commission, and Mr.. White
side, q Miami lawyer, were &C
cused Of conspiring to rig
award Of Miami TV Channel 10
TO Public Service Television,
Inc. Mr.. Whiteside was alleged
to have funneled about $14, 900,
directly or indirectly, to Mr..
Mack to influence his FEC vote.
In reporting to Judge Mat
thews, Mr.. Burner said the IL
jurors fel THE stand of the 18th |
was mot consistent with rea-
SON."
The foreman asked for fur
ther instructions from the
judge. Instead of giving them,
the Judge called the jurors into
the courtroom, thanked them,
and excused them from further |
deliberations.
Longest Trial
The trial, which began April |
7. was the longest here in re-
cent years.
The question of whether Mr.. |
Mack and Mr.. Whiteside will |
be brought to trial again can
not be decided until after
Judge Matthews rules on the
still-pending motions for q
judgment of acquittal for each
defendant.
If the motions are denied, |
the matter of a retrial then will
be up to the policy making level
Of the Justice Department.
Judge Matthews said she
would take a few days of rest
before considering the motions
further, and proposed to rule
without hearing any further
arguments.
When the Jurors came into
the courtroom, Judge Mat
thews asked the foreman
whether it was true that the
jury could not reach a verdict.
1T is. Your Honor" Mr..
Burner replied.
Chase Reprimanded
After diScharging the jurors.
Judge Matthews reprimanded
Nicholas j. Chase, Mr.. Mack's
lawyer, for what she described
as his improper conduct during
the trial.
She told Mr.. Chase that in
his previous appearances be-
fore her she had always found
his courtroom manner to be
correct.
But in the long Mack-W White
side trial, she said, Chase over
stepped the bounds of propriety.
She added that Mr.. Chase at
times had been rude, disre-
Spectful and disobedient."
She remarked that on two oc-
casionS he had called a Govern
ment prosecutor a liar but said
she was taking no action beyond
a reprimand in view of the
length of the trial, and its
stresses and strains.
The jury received the case
July /, but illness Of a juror
caused a four-day interruption
In their consideration of it.
Mr.. Whiteside left the court
house without any comment for
reporters. All Mr.. Mack had to
say was that he was proud of
my lawyer" (Mr. Chase and
that he hoped to recover his
health within the next few
months.