The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-11-08
HEYNEMANN IS NOW JUBlLANT.

NelriP Horizons 1ale IS as yet uDueclueQ,
!. Tor twelve men intimated to Judge Wat
lace Yesterday that they had been unable
t6j::3ot9e as to whether or not the defend
ant %bould be punished for the killing of
:sC9,ar9es r. Hagans at POI Eddy street on
Juit9 last
When Judge Wallace ordered the jury
:3nt0:tbe custody of two deputy sheriffs
. on tire previous night he did so remarking
n.at the evidence in the case was so yolum-
iH;1ts that it was not likely that any con-
.:c.gs!on would be reached in haste. The
,Id8ge. therefore, had all the accommoda-
-ti0a necessary provided for them. They
were escorted to dinner. after which they
returned to deliberate. At 1C o'clock they
were taken down to the Baldwin Hotel
and put to bed. returning TO the jury-rOom
yesterday morning about o'clock.
From quite an early hour an eager
throng gathered around the closed doors
of Department of the Superior Court
waiting to witness the conclusion of one of
the most sensational trials on record. At
about 10 o'clock Nellie Horton arrived in
court in charge of a Deputy Sheriff. and.
taking her accustomed seat beside her
counsel, a. Heynemann, relapsed into her
NUittGu SLdlC u apPoAOhN hbobbss lAOA
sister. Mrs. Cummings, entered the court
room soon after seeming very anxious, and
the two sat silent and motion less while the
muunuring crowd around them discoursed
IN whispers Of the division in opiniO n
among the jurors.
Judge Wallace came into court soon
after 10 o'clock and went on with the
usual business of the day without men,
ba HnrfQn .ua in
.timated that the Judge had decided not TO
interfere with the jury in any way, but TO
wait patiently until it decided to come into
c0nrt.
? 1t was about twenty minutes past 10
when the bell conn Getting the jurY-Toom
with the court rang, announcing that the
jury had something TO communicate to the
court. Judge Wallace dispatched his
bailiff at once to bring the jury in, while a
b.. breathless silence took possession of the
cQurtroOm. The defendant alone looked
as ap thetic as ever, and did not even
glance up as the jurors filed into court and
took their seats.
. The roll was called and the Jurors were
asked if they had agreed upon a verdict.
I'VE have not, replied Sydney NJ.
smith, foreman Of the jury. 1--WE have
argued this case carefully among our
selves, and we are satisfied that there is
no prospect OF an agreement Our ballots
3:ave been unaltered from the first. and we
know that it will be impossible for US to
find a verdict"
Judge Wallace said that it you'd be USE
less to keep the jury out any longer under
the ciTcums tauces. and thanking its mem
beers. for their services he ordered them 10
UsdIScharged. Thus ended trial that
has: occupied nearly four weeks TO de-
eide while the whole surroundings OF the
case, as well as the evidence have been Of
an unusually exciting character.
s,1f anil oD
.nemann, rubbing his hands with gee.
II CARL that virtual aeQuittal. It's a
glorious victory. i was so afraid that
. there was a strong prejudice agalnStthe
sg,TLthat l never felt comfortable at any
stage .sof the proceedings; but now [ feel
: e;0Hffdent that her next trial will set her
fee.
:. Am / going to remain in the case?
Yes, sir. | said ! would never again m
Gartake a criminal trial, but in this case l
.Inbst:Ghange my mind. First of all, am
. going to make application to the court to
have my clients bail reduced from 5000
to $500. If my application is succe ssful |
am prepared 10 go on the bond myself"
With that MIR. Heynemann rushed over
to console his client for what he called her
disappointment at not being actually ac-
quilted.
A juror said after the trial that although
: numerous ballots were taken during the
.jury's long deliberatiOn, the division always
remained the same 1--WE stood ten to two
from the start" he said, ''in favor of ac-
qaittal. We worked hard, but we couldn't
pull the other two chaps over"
From subsequent information received it
is understood that the jury was divided as
. follows: Fox acauittal-E. W. Bushnell,
Abner Dobe. 5. j. Hendy. H. c. George.
William r. knight, William Reiger. David
Dodge, George T. Bowman, A. Haslett and
James Dunn. For convictlon-Sydney NJ
Smith and A. L. Durbrow. Deputy Sher-
if Curtis received vote Of thanks for the
consideration he displayed while the jury
were under bis charge.