The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-05-17
INSTRUCTED TO ACQUIT.
A Jury in Judge Lawler's Court
Reluctant to Obey.
Two Highwaymen Discharged by Order Of the
Court-The District Attorney Meets With
Disagresable Surprise.

The trial of Richard Seguipe and Richard
OFarrell for highway robbery, which was
being conducted in Judge LAWYERS court,
had most remarkable termination yester-
day. and one which Is causing considerable
talk and not little unfayorable comment
The men were arrested. charged with
sandbagging Frank Gray at the corner of
Sixteenth street and Potrero avenue ON the
night of November II, 1891
Gray was walking along with little girl
named Mary Sullivan when the men as
saulted him. Seguine putting pistol to his
head and O'Farrell striking him with a
sandbag. When the men assaulted Gray
the girl Mary Sullivan ran TO a grocery
store near by and gave the alarm. A crowd
OF men ran to Gray's rescue, when Seguine
and O'Farrell made off. The crowd fol-
lowed them, and Seguine turned and fired
three shots at his pursuers. who then halted
ana the robbers made their escape.
IL was two months before they were
captured. and the police, in working up the
case, found that the two men who had
robbed Gray were the same highwaymen
that had robbed about 40 other people.
GRAY DISAPPEARS.
In the Police Court Gray positively iden-
tilted Seguine and OFarrell as The men who
called In the Superior Court he fed from
the city. and the officers have been unable
to find him since.
Yesterday District Attorney Barnes put
the little girl Mary Sullivan on the stand,
ana by her proved the assault. he then
proved the Identification of Seguine and
OFarrell by Gray by officers who were
present when the latter recognized the
men. The court refused to allow the prose-
caton to read the testimony as given in the
Police Court and the District Attorney
closed the case for the people.
The defense at once moved that the
court instruct the jury to acquit the prison.
ers. This motion District Attorney Barnes
fought vigorously claiming he had es-
tablished facts sufficient for the case to go
to the jury and let them decide upon the
guilt or innocence of tue men.
To the surprise of every one, even the de-
tense, Judge Lawler instructed the jury TO
aeqult the prisoners, telling them they need
not retire TO bring in the verdict.
The JuTymen looked dumfounded for
minute, and then began to talk earnestly
among themselves. Then one of the jurors
our Honor, has the jury no option in this
matter? Are We compelled to acquit these
men?"
THE JURY INSTRUCTED.
II have instructed you to acduit them"
answered the court, land under the in
structions there is no other course open to
YOU"
Then the jurors put their heads together q
second time, and after consultation the
foreman again arose and said:
' Your Honor, we jurors think we have
something to say in this matter, and we ask
permission to retire for consultation"
Permission was given and the jurors re-
tired, remaining out Is or 20 minutes, return
ing with the following verdict:
I'VE. the jury, find verdict iof acquittal
only because instructed to do so by the
court"
There was a moments silence and then
the jury was discharged. Seguine's lis
charge from custody followed, 0'Farrell
being held for trial on another charge.
Tile District Attorney has nothing TO say
about the matter except that the ruling of
the court was great surprise to him, but
the 1urymen were indignant and said.