An Alleged Swindler in 1906
Jury Hangs in Duckworth Case
Part 5 of 5
Continued from last week – if you did not read the beginning of this story published in this newspaper the last 2 weeks, you should find copies of them in the Herald Record and read “AN ALLEGED SWINDLER IN 1906” to catch up with what was going on in this story.
Summarizing the story thus far… S. G. Duckworth, who was a sub-agent for Equitable Life Ansurance Society, was accused of swindling money from that company. He had a gambling problem which resulted in the loss of $300 or $400 in a single afternoon.
He was accused of writing bogus policies for months (the first fatal bogus policy was written a year to the day before Duckworth was arrested on March 25, 1905).
The grand jury found 7 indictments against S. G. Duckworth. The jury was sent out and returned without a verdict. They were adjourned until after dinner when they were again sent out.
The general impression is that the jury will be unable to get together and that the case will result in a mistrial.
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We pick up the story:
At five o’clock last evening, the jury came into the courtroom and announced that they had been unable to agree. Foreman Bickle in response to an inquiry from the court said that there seemed little possibility of the jury ever getting toger. M. F. Quinn, one of the jurymen who had been ill ever since the trial was started, stated to the court that it would be utterly impossible for him to keep on. Quinn is a very sick man and is believed to be threatened with typhoid fever.
As all hope of the jury ever getting together had been given up, Judge Showalter at five o’clock did the only thing there was left to do, discharged it. It is understood that the jurymen were equally divided on the case there being six for conviction and six for acquittal. The vote never varied from this except that it is understood that upon one occasion, it was seven for acquittal and five for conviction, but the one went back to the other side again, making it “hoss and hoss” as it was aptly termed by one of the men who was in the courtroom.
The failure of the jury to arrive at a verdict in this case means that it will go over to the next term of court and will be called in the regular order. The hanging of the jury is practically a victory of Duckworth as what occurred in the case will no doubt have some effect upon the future trial. Duckworth and his attorneys are much pleased over the manner in which the case ended.
S. G. Duckworth appeared in court this morning and through his attorneys moved to have his bail reduced. The grounds of this motion were that as the jury had failed to agree a doubt had been thrown over the prosecution, and that the court having heard the evidence was in position to see that the state really had no case against him. This motion was overruled, and the cases were then called for trial. Mr. Laird stated hat it would be very difficult for the state to get ready, as the circuit court was in session, and the attorneys had cases in that court which would prevent their attending the criminal court without great inconvenience. The defense offered no objection, and it was therefore agreed that the cases all might go over. An order to continue them generally was therefore entered. The cases will therefore be set for trial at next term of court. Whether they will be tried is another question. The state is confident that it can strengthen its case sufficiently to secure conviction, while the defendant, who did not even find it necessary to introduce any testimony at this term, is equally confident of being able to meet any additional evidence that may be brought forward.
The fact that the jury was unable to agree when it had nothing before it but the evidence of the state, is taken as evidence that the prosecutions against Duckworth will not amount to as much as many people have been supposing. Bail was given in the penalty of $7,500 with W. B. Allen, D. P. Stout, and A. C. Davis as sureties.”
The West Union Herald
October 4, 1906
“The Wood County Criminal Court appears to be about the biggest farce in existence. In the Duckworth case recently, the lights wer extinguished just as the jury’s verdict was about to be read, and last week, the indictment was stolen in open court.”
The Fairmont West Virginian
March 8, 1907
“S. G. Duckworth is again at home with his wife and children. He is the alleged life insurance swindler and is charged with appropriating $10,000 of the Equitable Company’s money on forged death certificates. He has been tried twice and both times a hung jury was the result. He was released from jail yesterday of $7,500 bond, given with Sheriff Allen, of Doddridge County, D. M. Haught and B. P. Stout. It is now the impression that Duckworth will never be convicted of his alleged crimes. Judge T. A. Brown conducted the defense and certainly won a notable victory for his client.
The Fairmont West Virginian
August 21, 1907
Judge H. H. Moss, of the circuit court, refused to grant the petitions for appeals in the cases of S. G. Duckworth and Charles Lavin, and the two men will go to the penitentiary without any further efforts for freedom. At a recent term of the criminal court, the two men were sentenced to eight years each in the penitentiary. Duckworth having been convicted of forgery…”
“The prisoners’ attorneys made a hard fight for an appeal, but Judge Moss refused it. The cases will not be taken to the supreme court.
Duckworth was convicted on the charge of securing money from the Equitable Life Assurance Society by means of bogus death certificates. Other indictments in State and federal courts are pending against him.”
The Daily Telegram (Clarksburg)
August 3, 1908
“S. G. Duckworth, sent to the state prison from Parkersburg for insurance swindles, will apply to the governor for a pardon within the next couple of months.”
We know from the U.S. Census Records that in the 1910 year, Duckworth is listed as being at his home. With that information, we can only conclude that between the years of 1908 and prior to the taking of the 1910 U.S. Census, he was out of prison and once again home with his family.
God Bless
Patricia Richards Harris