The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-10-25
THE BRUNBR Case.
Charge Of Judge Wallace to
the Jury.
They Are Taken to Hotel in Charge Of q
Deputy Sheriff to Spend tbs
Night.

Judge Wallace made his charge to the
jury yesterday in the case OF Elw0od
Bruner, charged with felony in Offering to
take a bribe, as a member of the Legisls-
tuTe. in order to defeat the passage OF an
antLscalpers' bill.
The charge occupied over an hour and a
half in delivery, and was listened to by a
crowded courtroom. the audience compris-
ing many prominent attorneys.
Judge Wallace reviewed the case, and
considered the nature of the offense charged
and the law bearing on it. The question
was, Did Bruner offer to take from Ottinger
$1,000 TO vote against Assembly bin zoo. en-
titled IAN act to protect travellers"
IF you are satisfied" said the court.
that Bruner agreed to take a bride &c
smother the bill, then be is guilty of felony
The presumption Is that lie is innocent ua-
Ill proved guilty Before you can find bin
guilty you must be satisfied beyond rea-
s0nable doubt of his guilt
THE law does not require overwhelming
proof Of guilt for conviction, but sufficient
evidence to satisfy the jury the defend
ant committed the crime charged. Every
thing relating to human affairs Is open to
doubt. You are TO consider all the crcum-
stances of the case both for the prosecution
and defense; you will put aside all pre-
dict upon the evidence you have heard. The
testimony is made up partly OF remote facts
which are collateral, but you are entitled TO
consider ali the testimony.
IF Bruner did offer to accept bride of
$1,000 from Adolph Ottinger to vote against
the scalpeTs' bill it must have been subse-
quent to February, 1891. If you believe
beyond a reasonable doubt that at some day
between February II and the month OF
March Bruner offered to take bride from
Ottinger in San Francisco then you will
! find aim guilty, even IL you differ as TO the
precise date 1t makes no difference as to
the precise date of the bride offer. 1t Is the
| offer to take the bride in this city that con-
/ stitutes the cTims-tffering to take bride
for services rendered or TO be rendered"
The court also decided that the sugges-
ton that Ottinger was an aceompice Of
Bruner was untenable, as he testified that
he had never agreed to give Bruner $1,000.
The disappearance Of the bill was also
commented on and the matter of the abb
set up by Bruner.
Incidentally the court stated that Barclay
Henley and the Defense Association had
been unnecessarily denounced by counsel.
Attorney Reddy asked the court TO ex-
plain to the jury that Ottinger's testimony
had been contradieted by no less than five
| witnesses, but the court considered that his
charge had covered all the material points.
At II 80 A. b. the jury was locked up for
deliberatiOn, and little after p. II. was
escorted to lunch. Later it was supplied
with fire. and it seemed likely that il
would be out all night.
1t was reported at 10 o'clock last night
that the jury had failed TO agree upon g
verdict and that there was no prospect Of
an agreement.
Judge Wallace ordered the jury locked
up for the night. and owing 20 the lack OF
accommodations in the jury room the
twelve weary citizens who are to determine
Burners fate were taken to the Baldwin
Hotel in charge of Deputy Sheriff.
They were ordered to appear in court al
10 O'Clock this morning, unless verdict is
previously agreed upon.