Young's propensity for napping worked to the defendant's advantage during the closing arguments. Prosecutor Barnes, wrapped in an American flag and giving a moving speech, told a story of a dead soldier in France. This soldier, Barnes claimed, "is but one of a thousand whose voices are not silent. He died for you and he died for me. He died for Max Eastman. He died for John Reed. He died for Merrill Rogers. He demands that these men be punished." Roused from his slumber by the impassioned speech, Young exclaimed, "What! Didn't he die for me too?" The beautiful oration successfully ruined, the second jury was unable to convict or acquit. Eight jurors voted for acquittal and four for conviction. It would be the last time Young appeared in court for the charges, as they were dropped after failing twice to garner any convictions.