The morning call., 1893-05-20
THE LAW IGNORED
Refusal of a Jury to Be
Instructed.
IT'S CONTRARY VERDICT.
A Nice Technical Point Worries Judge
Campbell and Demonstrates a
Panels independence.
IT'S CONTRARY VERDICT.

Police Judge Campbell had the mortifica-
ton yesterday afternoon of seeing jury
ignore his instructions and bring in a con-
trary verdict
1t was the case of Thomas Murphy, a
sailor, who was arrested April IL for car
rying concealed wea pon-a pistol-within
the city limits. Murphy demanded a jury
and the case was set for yesterday.
But it appears that on April is. one week
after Murphy's arrest, the Board OF Super
visors repealed the old ordinance respecting
the crime of carrying concealed weapons
and passed new ordinance considerably
raising the fine to be imposed in such
cases.
When the case was called up yesterday,
Attorney fulton. ON behalf of Murphy.
moved for an aequittal on the ground that
as by the laws of the State of California the
passing of an amendment repealed the
ordinance for which 1t was substituted.
there was absolutely no charge against
Murphy. as he was arrested under the old
ordinance and not tried until now.
Judge Campbell, however, overruled
this objection and ordered the case to pro-
ceed. The evidence was clear enough, and
no attempt was made 10 rebnt it. True,
the pistol was not introduced ln evidence,
bnt the other side did not lake advantage
of this point.
But here a technicality arose. Attorney
Hutton demanded that the ordinance be
proved. To do ihat it would be necessary
to subpoena the clerk of the Board of super
Visors. and to cause him to bring with aim
the necessary papers 10 prove the passing
of this ordinance. The Judge agreed that
this was So.
Attorney Gallagher for the prosecution
Nha,, a oil . tic
give me one hour to have the Supervisors
clerk brought here and I'll prove all you
want" Hutton objected, and said that
as the prosecution had had three weeks to
prepare its case there should be no con-
tin uance granted.
Both attorneys and the Judge argued
this point at considerable length, but
finally Judge Campbell granted eontinu-
ance OF one hour.
At the end of that time the assistant
clerk of the Board of Supervisors duly ap-
peared, but unfortunately brought the
wrong papers with lin. he testified TO
his knowledge Of the passing of the ord
nance, but the defense would not allow
this, and claimed shat the ordinance had
not been properly proved.
So Attorney Gallagher asked for an
other continuance. This was vigorously
opposed, and the Judge sided with the de-
tense this time and ordered the case to
proceed.
This decision virtually settled the mat
ter, and Attorney Hutton moved for an
immediate dismissal of tie case. The
Judge, after short deliberation, turned TO
the jury and said he had no alternative
under the circumstances but to advise the
jury to acGut the defendant.
Here surprise was in store for all. The
jury consulted and said they wished to
retire. So they went out and Judge Camp
bell said:
What are they up to now? They can
bat follow my advice, unless they disagree,
and III keep them here until they do
agree"
On message coming from the jury after
few minutes deiberation that they could
not agree. they were told to stop where
they were and think a little more"
Half an hour passed, and the jury walked
into court with a unanimous verdict of
guilty. The jury was polled. and each gave
tue same verdict
Then the Judge waxed exceeding wroth
and curtly set aside the verdict, and saying
that he would take till to-day to consider
what was to be done with Murphy, dis
charged the jury.
Judge Campbell thinks be will be COM
PEELED TO set the defendant free