.',
-.
VeuM nd Wt W W? evidence ngqlnst
;?', fnr from convincing.
was far from convincing,
MUj Iul9e Vlntcrtiurn, mnjdle
irt'il. MflMUVe and well-bred, voted
ti $ cenTlctlqn. Her conscience
hilt! b?r' sl)9 saI(1, Bccnus the cvldencq
hid net cenvInceiThcr of" the tjcfcndnnn
wilt'. Se, fll9 cban?9d hr vete lrlnf5
the uccc'ednB bnlleta and held out
tetany for acquittal during stormy
hours' that ence rondo her very ill.
Mrs. Hybb.ar.4' remained Ilk? 01
riHir. V?P H epe'css deadlock began
w seem Inevitable,' the foreman of' the
Jury instructed' bl nssoc'Iqtes te renffen
with U)C one e'bdurafc rncmVcr. Ho'or He'or Ho'er
j.r.i! each te take nn hour for argu
ment. Mrs. Hubbard Informed them In
,ucc?wen tha't, though thgy nrgucd
rtntll the 4th of July, he would net
rh.ncc her decision.
Mr. Kilkenny yns flrmly for the
iftttlW Wtty uritll'he; took his t
Vnersunder. Within his hetir
v 'i t:. .-i ; t -i -r, n".. "-
turn
he
' . .i nrer nsaln. "and the flnser
rfrmts bn the deer" and ybdr common
S? should ell je.r the rest."
'Winn the jury foreman suggested
that tee deer be brought In 'for a' further
rutln;H-the deer from the Interior' of
the hotel sulte uppn which Prof. Tleln
tlch had made vIrIMc fiiigernVInts
which seemed te Indicate n stnfggle bo be
ficcn a man and ri woman Ir3. Hub
ITiA1 said die didn't want t see the
ioer. ?be 'bad been at once and once
was enough. ' '
"That T"19 yesterday morning. The
eeurt' was sitting patiently in a special
Bunday session and Fatty nnd his cbtin
K wtrd watlng with "no Hbgering
thr for n verdict of acquittal ' when
the Jury sent out word at neqrt that It
was n't the' end of Its rdpe and wanted
te ke home.
Lawyers Hardest Hit
the lawyers were liardcst ht by the
news of a disagreement'. 'Charles Urcn
nan, a towering member ofArbuckle's
eeMnsel, 'actiially wept a'llttlc and wiped
klj"ejes'wltheu minding the specta
tors. Qavln McNab was sttitcly nnd
(or a moment seemingly -dumb with
thagrln and astonishment, '
Jndge Leuderbaek, reminding the
jury of the exbense nnd trouble of a
neV trial, asked 'each Wmbcr If it was
his" or' her opinion tbdt n verdict was
ffflpesslblt? te reach. Bach shook hie or
her bead and said a' Verdict couldn't
he're'achtd.4
The Sunday quiet of the courtroom
raadc'th'e scene seem dreary nnd some seme some
hetf unreal. Fatty himself lolled In his
chair nt the counsel table. He had
been certain of a verdict In bis favor,
hut be was seemingly In a mood that
made any definite news seem a relief.
Whin suddenly he was confronted by
he prospect of nnethe'r trial, another
fteing' of the whble depressing narra
tive 'of his party and the remote but
norie the less fearful possibility of an
ultimater conviction,' he accepted the
outlook with an air of resignation and
net without courage.
Fatty's Car Absent
His wife ivas in tears when, after the
formalities were ever, the general crowd
tranjped out Inte the streets. Fatty's
amaiing motorcar It has solid ' silver
hd limps, silver knobs and $10,000
wbrtb of fixings inside and All the com
forts of home, excepting bath and ele ele
ceorwas net nt the curb. It lurked
somewhere in n garage. It had made
many futile trips'te'the Hall of Jus
tice, and it may have decided te wait
nnd see before it agaiu fnced n staring
mob.
But even though It was away In an
other place, the streets were nblnse with
'he flags and bunting put out en Sat
urday for Marshal Foeh and a wnndor wnnder
ing band n'strhy from th? bis reception
thumped blithely past.
"Oesli," murmurs Fntt.v, with a
wistful sort of humor, "te leek around
'his town new you'd think they had ac
quitted me. What's next? Ob, yes,
the Federal judgf and that business
about' file liquor. I wonder what they'll
1ote me there?"
They didn't de much te Fatty in
rommuslener Heyden's court. The pen
alty for having gin and Scotch whisky
illegally in your possession is a $000
fin?, and $600 inn't much te n man who
) J" eatd te have paid out $100,000 in
anyers' fees, betides spending con cen
tderablc tlme behind the bars of n
Jioeray jail under a charge of rmirder.
Shew Girls te Testify
But the hearing In the Fcdcrnl Cqurt
his afternoon will be of some Interest,
netertheless. $5ey Provest and Alice
j'l$c. who were guests with Virginia
nappe at the Laber Day party, "and
oneplcueus witnesses at Fatty's trial,
will make their last public appenrance
M witnesses for the prohibition enforce
mint officers.
They are presumed te knew where the
Mquer came frpm that was the Indirect
''fuse of Virginia Kappe'a de"th and
'he beginning of Fatty's treubs.
After Judge Leuderbaek had dlsmlss
t M the jury and. Indeed, while the jury
til l"Un wssien rumors implying
'tat the District Attorney's office was in
erne wicked way responsible for Mrs.
i ri"rd,H ob(1,lraey could b? heard
m the air. Sometimes they were cx
K .1 "P,1 astonishing. ' But, like mewt
"i tee ether rumors that have been about
qil
M fclieWcr eul'fr verdict of ButW.
"ny followed her 'Inte the' room."
t.nnbbnrd Is reported te have said
H Is -ft-
i
CALUMET CABINET
Havana Cigars
At Sensationally Lew Prices
This tremendous purchase and sale efFcra smokers who demand a high-Brade
cigar an opportunity te obtain big
Savings at Lets Than Factory Cost
n!3Uned $3.00 Bex of 50 fr(s
14 and 16 SpJi
A
w
v
Dgf(nsc Witnesses Liars
Says Arbyckle Juryiyeman
Mrs. Ikku M. Jlubbunl. the
Jurywemnn who voted Mtidlly fer1
Arbucklc'n conviction) said:
"I bcricve AfbueklQ gtillly. I be
lieve t'hose fingerprints en the deer
were accurate, aild 'It Is tny oplhteft
Ibaf wlicii" Arbifckle licld Virginia
Ilappe ajjalns't thntf iloer' she waS ita
Jurcd. pight tlicfc Is tvherc I 'think
it nil happened; ; I don't 'believe Ills
story. I' think It is ah cn'tlrc fab
rication. And I think most of the
etb'er defense wlndscs are )iars."
since the trlnl began, they could be
trriccd te no definite seiircc, ani they
w'cre obviously "without the basis of
fact.
'""The 'acts," said Gnvln Mcnb bit.
tcrly1 in the first words he 'littered nfter
Jtidgc 'Leddcrbnclc'ii dlshiltfsal of the
JUrr, "sneak for the'mUclvcs."
Statcirteiits frem1 cutihscT for the do-fensC-'weiild
bd stincrQuelis nnd unnec
essary. The ether lawyers were ranged
li1tlrk silence. The battl6 had been
tee lierce te make an acceptance? of vir
tual defeat easy er"pninless. Toe much
had been nt stake'. The jurnrk them
selves were plainly irritated almost be
yond words, nnd Mrs. Hubbard was the
most Irritated of nil. ' She -spoke cnly
live words after her formal and cut an
swer te the routlne qucstidns of the
court.
"She Had It In Fer Me"
harshly te n woman who steed waiting
i.- ,vi, """ uruBnci ncr way tnreugn
tiie little crowd of spectators nnd was
one of the first out of the buildlug.
?ftty looked niter her curiously and
without npparcnt resentment. "That
ladv." hc'Dfllfl SnfMv 'Vrrtnlnlw lina If
In for me."
Fer many days the defense had been
in fear of Mrs. Hubbard. She sat in
thn frnnf rnm nt fhn 4i,,- ai. n u.
wife of a San Francisce lawyer. And
bee naa cuuivatca a namt or gazing
with nngry derision at the great Mc
Nab whenever he rose te speak A stately
word In behalf of his client and of
frowning se steadily at Mi'. Sehmule-
Wtf fin1 f nillnM n.,1 nkn. A4U..A1.1.
lawyers that one or another of them
wuh uim.-uiiuuriuu mera innn ence in vne
middle of an address and lest the! thread
rtf rllftPnilrNft flnrl Vln,1 fn fnlfAH n,1 m(a1.
it up ngnin.
AVhen the long wait began and it be
came known that the jury was
wrangling Fatty's lawyers whispered te
unu uuuiuur uiut n was eniy me stern
lady nnd that she would have te ceme
around' fe renunn nnnnpp nc Int,. ' ThiM.
bad something te learn.
Brolly Well Pleased
District Attorney' Brady was net in
court--when -the jury -was called in. He
received the news in his office with
manifestations of savage joy, and he
went te work this morning preparing
for the new trial.
"Wealth and power and Influence
ddn't get awey with It for once,;' he
said. ' It is" Brady's weakness tt play
rather monotonously en &t note. He
believes that the precedent of a disagree
ment' will tell In favor of the prosecu
tion, and he still hopes te put Fatty in
jail.
The four jurywomen who voted
solidly for acquittal, cither at the be
ginning, or toward the end of the long
sessienv took a calm and practical view
of the evidence.
"Seme of us," said Mr.. Kitty Mac
Donald, "believed Mr. Arbuckle guilty
APARTMENTS
Ne. 1530 Locust Street
PHILADELPHIA
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$pr$ VtiU&'
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and s6h1trbf'lsbeluVT'n,1TnTlhriece'nt,J
but wiv"all b'ill6vcd"lltat ihet eneirfch
proof of guilt had been' brought forward
te justify a vetfllet of gulltic. W6"re
membcred 'teb'st the Court had said about
me clement ei ueuDt. 'ine nervous
strain was' terrible. We all argued with
Sir, Hubbaht and Mr. Kilkenny. At
Inst Mr. Kilkenny would net say any
thing1 at all beyond remarking that he
had talked with Mrs. HUbbnrd nnd had
seen the justice of her point of view
rthd Hint Arbllckle must be declared
guilty."- ' - " - '
It was Miss Wlntcrbum who
seemed te" have suffered most by the
physical and mental stresses1 6t the long
hour! of wrangling nnd ' confinement
nfter the Jury retired last Friday' after
noon ut 4:10 o'clock.
"I hardly knew whnt te de," he
said. "Sometimes I believed him Inno
cent and then again I believed him
guilty. I cast one ballet for conviction.
That night It worried me greatly be
cause I felt that I had done wrong. I
wetild get awnke with that thought in
my mind. I wne net convinced of his
guilt of, the crlirie charged against him.
The next flay I chnriged my vote and
ballet nnd vdtcd for acquittal and felt
better becaus6 I wos'nierc suxfc I had
dbhe what' w'ns right. '
Arthur II. Crane, another juror, said
the case had bceh rtrgut'd from every
ahgle nnd that all 'ten of thesp Who
itoed out for acquittal had argued with
out avail with Mrs. Hubbard and Mr.
Kilkenny.
Jury's Wild Times
"Mrs. Hubbard," said' Mr. Crane,
"seemed te be the deciding factor. The
ethers who were net 'for acquittal 'fem
tlie'first night had been ren ever, but
she seemed te ha've n fixed opinion that
nothing- could niter."
"We had some wild times," said Mrs.
Dorethy O'Dca, thn 'fourth 'i woman
urer, ''nnd I'm glad It is. ever. Thore
would liave been n verdict of 'acquittal
If It had net' been for Mrs. Hubbard."
Last nlnht'Mr. McNnb chanced' hl
opinion about statements from the
counsel (or tnc ueicnsc. from ms of
fice, where Fatty and the lawyers' had
spent some heUrs 'together, there was
Issued a strong proclamation Fatty
Arbnckle's appeal te humanity.
It is net quite ukc any ether public
ntntcnicnt ever issued. It ' carried
Fatty's signature in' full, nnd it begins :
"But for ene woman en the jury of
thirteen representative American men
nnd women who refused te allow her
fellow-jurors te discuss the evidence
or reason with her. and who would net
give any explanation of her attitude,
my trlnl would hnve resulted' In an Im
mediate acquittal."
And It ends: "The undisputed and
uncentradicted testimony ' established
that my only connection with thls'snd
nffalr was one of n -merciful service
and the fact that erdlnnry human kind
ness should have brought upon me this
tragedy has seemed a cruel wrong. I
have sought te bring joy nnd gladness
and merriment Inte the world, and why
this great misfortune should' have fallen
LARGEST OLD BOOKSTORE IN AMERICA
Leary's
Great Sale
of Beeks
is drawing thousands of book
levers.
People are crowding this
quaint old store as the news of
this Boek Sale passes from!
lip te lip. Many tell us they
have never seen such a npte-i
worthy collection of books.!
And there are thousands of!
new ones today that were net1
here yesterday because of lack '
of space. Se, in order te get)
any idea of the magnitude and I
importance of this offering,!
repeated visits all through
December will be necessary.
When we say that the fine
Collection of
I
Handsome Fereitm Kdi. I
1 tiens of the Famous An- I
; thers Frem the Great
I Binders of England: Reet, ,
Atclmsderf, Merrell, Etc. i
will have its first showing at;
this time, you will appreciate
the character of this remark
able sale.
Come in and enjoy the
books. Ne one will ask you
te buy.
Stere Fleur), 9 A. .. te 5:30 '. ).
Learys Boek Stere
Ninth Street Belew Market
(Opposite Posteflkc)
5"f
Diiceunl
en SOQ
l
1
;?'T-V?'rTF!
v r . r-
iFi'WFk'?r
t."-"
$$PmVHlXjADMVMA MbW&t,
Mpen me - Is 'a -mytefy-TMrerilyG6d
cairnndi'wlll some .day. reveal."
WIL IftAgE mOBE
OF WOMAN'S CHARGE
Sen Francisce, Calif., Dec. 5. (By
A. T?.) Collateral Issues were te the
fore today In the tiffnlrs of Ifciseec Ar'
Imckle, the Jury which tried him nn n
manslaughter charge having disagreed
and bfccif discharged yesterday.
Foremost et the three groups of cir
cumstances attracting' public Interest te
th6 rilOtleti 'picture comedian was the
charge ninde by Mrs. Helen M. Hub
bard, onev of the jurors who tried him
en charges nrlslng from the denth of
VirglnU'eppCi that attempts had been
made nt hf .Intimidation,
IJ'Iten announced the whole matter
would be laid before the Grand Jury to
night. The Federal charge against Ar
buckle, based en nil allegation of illegal
transportation of llnuer drunk nt the
party In this" Hetel St. Francis, was set
for hearing today.
Charges of perjury against Mrs. Min
nie Neighbors, ' bf Les Angelre, a wit
ness, called by the defenre In Arbnckle's
manslaughter trial, "nlse were set for
hearing today.
In addition te all these, Inst night's
Intimation by Milten Cehen, member of
Arbuckle'u counsel, that the defense had
"semcthlngHip Its sleeve" and war pre
pared te "let It conic down" today,
came in for comment.
U'lten said that Mrs. Hubbard told
him, the bailiff who had charge. of the
jury, and' n number 'of reporters that
Heppe
grand pianos
the world.
mMp
Our
rKsjCES
11 Pjn A t -liu
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Steiiuvay
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Whcelein
Stroud
.- .-f Qj-JrlL-zz: slj- -y& rt.iJiwv n.an.1
HI raJls09EEn!8SHBir'NKS M5ffl wSR ffBHL fm .TTnrrM'ffl P ra&'KM1 QSW'"wrtHl FFt sJ&f
flil.''5aEffiaSSS5fiPW'ir2 ilH .KfelV
two men approached her husband. T
Yt HUbbnrd frith svl6f td'hWlng hlhi
use his influence (e haVe her change her
vole. ' 4.
Hubbard. TJ'Itcn declared, had told
hirrr Ous Oilvft. a commission merchant.
approached him Sunday night by tele-1
ppene, nuking, that hS send his wife a
n6td urging' that 'Rhe' ehn'n'ge"her"'vble
Trem "guilty" te "net guilty."
Hubbard said he asked hew such a
neli could be fcent te'd member of n
Jury, nnd said Oliva replied, ".lust give
the note td h member of the Sheriff's of ef
ficc." Sunday morning. Hubbard'n state
ment continued, a friend of Oliva noti
fied him that if he did net urge Mrs.
Hubbard te vote fdr Arbuckle'fl ncquit
tal'OUva would ruin him. Hubbard is
an attorney. Hew Oliva was te carry
out the alleged' threat was' "net rtindc
clear.
Other charges of attempted intimida
tion were made by Mrs. Hubbard
against some of the men jurors, and
particularly against August. Frltsc,
foreman of the Jury.
Frltsc, according te Mrs. Hubbard,
used abusive language td iter, ns did
ether men jurors, In their attempts te
lnduce her te change her vete Which
deadlocked the jury for many hours.
"The cntlre ensc-in the jury room wni
the trial of the District Attorney's of
fice, rather than the trial of Arbuckle,"
Mr. Hubbard Raid last night.
Jaspar te Head Belgian Cabinet 1
Knissels, Dec. 5. - H. Canten de
Wlslrt, the Premier, having declined te1
reconstitute the Belgian Cabinet, King!
Albert hns requested M. Jaspar, the
Foreign Minister, te assume the task.!
& Sen Downtown 1 117
im Heuse that Hepee bui!h
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V.. J. neppe OC Sen uPtewn-6th and Thompson Streets
U i.iieut .inv c'u'igntien en my part pleaie j:iu! full information ibeut (n.ir!. N i, .',, , i
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BENNY'S
NQTE 6bOK
By Lee Papc
Mn had cempiny In the pnvler thin
nftirftoeit-nnd.l.-wa jest Martins te
sneek out the frunt dour easy and M
herd m. saying. Beilhy, CO'mc inyMr.
I'ceby wunts te meet you.
Me thinking. Heck, wat for 7 And I
went In the pnrlcr and Seme man was
setting en the sefer. being a middle
slxe man with sutch n bald hed It. was
fearse te leek nt, me thinking, Heley
Miteaks I weuldent wunt te be a fi nnd
Klip en top of that.
Mr. Becby, this Is Benny, you hnvent
seen him slntn he wn n babj-, sed ma,
and Mr. Becby sed,' "SVell well, lie' 8
niitln linn ml. Imw nr Vell. BennV?
All rite, I sed. and lie sed, Arc you
a geed bdy or a bad boy?
Geed. 1 sed. nnd he f,cd. Thats nice
and de you spend your pennies foolishly
or de you put them aside carefully and
save thetnV
I save them, some of them, some
times, I sed. Net saying hew long I
save them, and thinking, O, he's going
te give me some And Mr. Beeby sed,
Well if I gave you a dime, wat would
you de, spend It or save It?
Snve It, I sed. Net saying hew long
and thinking G herray, nnd he sed,
Thnta rite. lillwATH have, a nennv saved
is n penny crned. And he started te
rub his hand ever his bald bed aa if he
Inaugurated the One-Price System in
- 1119 Chestnut Street Uptown N. W. Cor. 6th & Thompson Str.1
" 1 ' I Ml jU I ' l
Jehn McCiirmuck 1V'ltIi
Mm. McCormack
'i'.)ifl '-i-lebrattl tenor makt rer
nrrts fjtcluslvfly fpr the ViPtrela
HEPPE VICTROLA OUTFITS
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Pay only $t weekly Pay only $J.?5 weekly Pay only So.Te weekly
. .' I'l.ivcrl'.a, e, (
thawt some hair mile of came out en It
WIirhd-tfasctH looking; fthdrkeppWrt
looking at him nnd waiting, and he-sed,
Ve)l,' you !aii run alUng and piny,
Benny. ... ,
Me thinking. Geed nlte, holey smeaks,
(, wnt you knew nbeut that. And 1
went out nnd rhut the parlcr deer nnd
tnnde Insulting f Ares "throb tbc key hole
nnd then I remembered I had n pencil
needed Hlwrprnlng se I went and get It
nnd shnrpcnrd it en Mr.Jltfebys lint.
BRITISH NAB LAJRAT RAI
"Non-Ce-operator" Opposed Wel
coming Prince of Wales te India
Knltore. Dee. fi. Lela Lajpnt Ital,
thi Nationalist leader, who In August
presided ever a meeting which pased
resolutions net te welcome the Trlnrc
Safe
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1881
m ,& m wmmi m w km wmmmr-
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Through the Heppe Rental-Payment Plan you
may rent any style Victrela at Heppe's and have all
your rent apply toward the purchase price without
any extra charge for the privilege. This
is the safest and most economical way te
purchase a talking machine.
Ernest Sc
i n IMama' ili
''its merrrnp
xrendav ln r
nl a' ih
v"'a,fere ra.iKf,
xrluh y fe. t'
'lc;re
. 9 ft - vS r V J,,
of Wales en hl visit te India. !$' "
rstwr llerd yesterday while cenddeU
.titinni ,i,e..tlni. y,ln. ' ' "
of the troubles In tHd. Punjab ill imti; .-
ir. ....... .!...,,i.t nml tf,lt,bi.fHl,'Antltf IffUt ,'
for some years In America Wberajm ,
wrote numerous book denllnj Ufi'M;!
liehni penticni nievcmcius in inuia, "..,
was nllewcd te return te India1 'Altir ftp J,
nrmistif e tml bah been closely nsseclatw 'if
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