The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-26
TT DISAGREED.
Discharge of the Jury in the
Curtis Murder Case.
The Panel Stool Ten to Two for Conviction.
Wide Diversity of OpiniOns-Ihe
Prisoners Disappointment.

| When Judge Trout opened court yes
! terday morning it was for the purpose of
formally adjourning it till 2 o'clock in the
| afternoon on account of the failure of the
/ jury in the Curtis case 10 come to an agree
ment which fact he briefly announced at
/ the time.
a full hour before this the corridors in
the nelghborhood of the courtroom were
thronged with the curious, bent on gaining
admission if possible. and failing that, to
obtain a glance at the prisoner, his wife
and the jurors On whose word the life of a
fellow being depended.
Mrs. Curtis aud Mrs. Davis, Of Berkeley,
were early on the scene and held whispered
! conversations with the sympathizing friends
who surrounded them. The courtroom,
indeed, was crowded with members OF the
theatrical profession, and when the prisoner
himSslf arrived lie was met by a host of old
acquaintances, who gave him words of cheer
to sustain him in the trying ordeal he was
/ passing through.
/ Curtis and his wife, Notwithstanding the
/ friendly demonstration in their behalf wore
an anxious look, though they bravely tried
! to conceal their feelings. When the court
/ was adjourned till the afternoon the
/ prisoner frightened up at once, seemingly
under he impression that the delay was an
] augury Of acquiltal. In this opinion he was
joined by most of his friends, who sur
rounded him Immediately with assurances
that before the day was over he would be
free man.
AN OYSTER LUNCH PROMISED.
1t was but natural that Mrs. Curtis should
/ catch the cOntagion. That she did so was
] hon fttr INN fO Sh
/ told him she would arrange an oyster
/ lunch for 2:30 O'clock and that he should
/ be there.
/ At o'clock, however, they were doomed
/ TO further disal pOintment. Upon the order
/ Of the Court the jurors We're brought In,
/ but in reply TO the Judges mterr0gatoTy
/ Foreman DenDigan said they had not agreed.
/ is 1t a question of law or TACT on which
/ you d!ffer?" asked The Judge.
ION matters Of fact" was the response.
/ "Then the Court cannot be OF assistance
toYouY .
/ ''are not quite certain as TO your HouoTS
! charge as 10 the CTedbilIty of Witnesses
/ We would like to hear that part Of The
/ charge again"
! Juror Hurley wanted to know whether
! Mrs. Holden testified that her blind was up
or down. When informed that she testified
/ that it was down, he next inquired whether,
/ when n juror was Of opinion that portion
! OF a witness testimony was false, 4 could
/ all be rejected. To this the Court responded
/ that the jurors must be the sole judges OF
/ the cTeGlbIlty Of the witnesses, and they had
! right TO reject all witness testimony II
! they believed Il portion Of 1t false.
With this instruction the jury was re-
/ turned to the jury-rOCm to consider the case
! until 30 clock
J After Il had returned the rum0r went
abroad that it stood eleven to one IN favor OF
an acquitted, and Curtis friends immedl-
/ ately congratulated him on the prospect OF
/ his early aequlttal. He was evidently OF
/ that frame CT mind himself, though lie pro-
/ iesSed TO believe there were three men
/ standing out against him. These be termed
medicine" men-'men whom the lolce
/ rely on, he added in explanation.
THE CROWD INCREASED.
The numerous postpOnements IN the case
/ had the effect Of increasing the crowd IN the
! hall, and an increased force OF the police
/ had TO be detailed for duty TO preserve
! order there and keep a passage open 10 the
/ court Even then it required no small effort
/ TO gain the portals Promptly at 4.3O
/ o'clock Judge U!Outt assembled the bench
, and instructed tie Uail.n 10 bring In the
jurors. \ moment later they entered and
/ answered 10 their names.
/ "Gentlemen," SAID the Judge, have you
I arrived at yerdict?'
I'VE have not" was the f0reman's reply.
/ 1--WE have got 10 nearer q conclusion than
/ when we appeared before you two hours
ago. ! don't believe It IS possible for Us to
| agree"
Does any other juror think a verdict can
( vet be arrived at?'
| There being no answer, the Judge turned
| TO the counsel and asked whether they had
any suggestions 10 offer They had none,
! and Judge Trout accordingly discharged the
Jury and TemandFd The prisoner to the Gus
tOdy Of the Sheriff. The case was then put
| over until tomorrow morning, when 1t Will
be reset upon the calendar, and the court
! adjourned.
As soon as the Judge had left the bench
| counsel, spectators and reporters surged up
| 90 the jury box 10 learn the secrets Of the
| iuTy-iOOm. There was no hesitation in tell
| ing all that tTauSpired and In a moment 1t
| was Known that only two stood out IN the
/ prisoners behalf. The others were for con-
yiction. six standing for verdict OF muir
der in the first degree with Imprisonment
: for life; two for murder In the second de-
gree and two for mausaughter
GAsPED WITH AsrONIsHMENT.
J. y. +. Wilson, the prisoners counsel.
! fairly gasped with astoni5hment when he
| heard this. il was hard news TO bring his
| client, and he WAS ia no hurry 10 be the
bearer Of it. He watched the jurors slowly
file away before him and seemed dazed till
a tall man with pale face and sandy whis-
| kers stepped up and taking his hand as
sured him he had done tie best he could for
/ him. Pm sure Of that" said Wilson,
| "but It's TOO bad you couldn't all agree"
| The foreman also had a few words to say,
but they were not as ELUSIVE as those Of his
! fellow juror.
Jurors Hurley and Porter were the two
/ who neld out from the first in Curtis favor.
! Hurley has frequently served on juT.es.
! Shortly aflerward the prisoner was es-
coIted 10 the County jail by the Deputy
! SheTi III. He was accompanied by his wife
and Rev. and Mrs. Davis, who were fol-
! lowed by a crowd of boys and men till they
( boarded the cars at McAllster street. The
party seemed in a solemn mood, and Curtis
| pOuld n III conceal his III .auuOintmaut