We can't agree a verdict, say jurors in Black trial

The jurors were back in discussions on the orders of Judge Amy St Eve who last night told them she would not accept a majority decision.

Lord Black of Crossharbour and other Hollinger International executives are accused of stealing $60million from the company's shareholders, the Dirksen federal courthouse in Chicago has heard.

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Fateful day: Conrad Black is besieged by the press as he arrives at the Chicago court yesterday. He frowned when the jurors' note was read out

Shortly before 2.30pm local time the jury sent the court a note saying they were unable to reach a unanimous verdict on one or more of the counts.

It read: "We have discussed and deliberated on all the evidence and are still unable to reach a unanimous verdict on one or more counts. Please advise."

The note added that the jurors had read the jury instructions "very carefully".

Black, who had been smiling and talking to his lawyers before the hearing, frowned when he heard the contents of the jurors' note.

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The lawyers spent about 10 minutes forming their opinions on what should happen next.

Judge Amy St Eve then called the jury back. She told the nine women and three men that she knew they were following the court's instructions carefully.

"I'm going to read you this one instruction again and have you go back in there,î she said.

The judge urged the jurors to consult, express their views and discuss their differences.

She added: "But you should not surrender your honest beliefs about the weight or effect of the evidence solely because of the opinions of your fellow jurors or for the purpose of returning a unanimous verdict."

Black faces nine counts of mail and wire fraud, two counts of tax evasion and one count each of racketeering and obstruction of justice. His three co-defendants - John Boultbee, 64, and Peter Atkinson, 60, who are both former Hollinger International vicepresidents, and former corporate counsel Mark Kipnis, 59, - also deny charges of fraud and tax evasion. After the judge read the jury's note to the lawyers, Kipnis's defence lawyer Ron Safer, speaking on behalf of all defence counsel, said the judge should accept that the jury was unable to reach a verdict. Mr Safer said the jury had been "extremely carefulî and had deliberated for nine days already.

But US assistant attorney Eric Sussman, for the prosecution, said the government put the actual time of deliberations at only about seven full days and said the court should ask the jurors to continue to try to reach a verdict.

The jury has heard the $60 million mainly came from the sale of hundreds of Hollinger-owned US and Canadian regional newspapers between 1998 and 2001, in which the buyers paid large sums in return for agreements that Hollinger would not compete with the new owners.

Last week, lawyers for the 62-year-old former Daily Telegraph owner and chief executive of the Hollinger newspaper empire fought to keep his Palm Beach mansion in Florida for their client.

The US government wants Black and his three codefendants to forfeit $69.8 million of assets - including the 21,000 sq ft house which is worth an estimated $35 million - if they are convicted on all charges.

Other assets, which will be the subject of forfeiture arguments in the event of convict ions, include a 26- carat $2.6 million diamond ring which Black bought for his wife Barbara Amiel and a $ 600,000 antique pearl and diamond bow brooch.

Black, wearing a camelcoloured suit with a blue shirt and gold tie but no socks, spent the rest of the afternoon sitting in the courtroom, while he was not in session, with his three co-accused and their defence teams.

His daughter Alana, wearing a white top and skirt, sat in the public gallery.

The jury later went home for the day and will continue its deliberations today.