The morning call., 1894-10-23
JUDGE BELCHER'S REMARKS.
Could Not See Why a Verdict
Was Not Reached.
THREE JURORS WHO HELD OUT.
The Case to Be Reset for Hearing OF
November I0-Flood's Arraign-
ment in the Police Court.

After an unsuccessful deliberation. last
Ing over sixty-Six hours. the jury in the
Flood trial were discharged by Judge
Belcber yesterday and the case once more
put oD the calendar.
1t was at quarter past on Friday last
that the second trial of the ex-cashier Of
the Donohoe- Kelly Banking Company came
to an end and Judge Belcher intrusted the
jury with the fate of the prisoner. Friday
night passed away and those having busi-
ness at the City Hall on Saturday morning g
were perhaps nOtsuiprised to see from the
crowd gathered outside the courtroom that
no agreement had yet been reached. Sat-
urday passed, and that evening his Honor,
declining TO discharge the jury 10 so i'm
portsnt trial without giving them every
possible chance to arrive AT a decision, or
dered them to lie locked up in charge of a
deputy sheriff until the opening OF court
yesterday.
Not long after 10 o'clock yesterday morn
ing Judge Belcher called the jury into
court and asked if they had formed any
conclusion. He was answered in the neg
atiYe; in fact. it was intimated that there
was not the slightest possibility of a YER
dict being reached. Judge Belcher de-
clded to poll the jury, and this was done,
but the result showed that each member
was Of the same opinion. and very reuct-
antly. indeed. did Judge Belcher decide
that it would do no good to wait any longer
for possible agreement
He said that he was extremely sorry for
the turn affairs had taken. st certainly
appears TO the court that there is no rea-
son why a verdict should not be reached.
Under the circumstances, gentlemen,
as i. is evident that no conclusion can
possibly be reached in this case. and TAX
ing into consideration the fact that you
have been out now sixty-si1 hours. deem
it unwise to detan you further. You are
therefore discharged from further consid-
Grafton of this case. which will be reset for
trial"
Judge Belcher discharged the jury, and
November 10 was fixed as the day on
which Floods trial will be reset for
hearing.
1t subsequently transpired that thee
jurors held out for acquittal from the first.
Their names were: a. n. Levy, Edward
Tanning and F. E. Terry. Those who
voted for conviction were: William
Kaiser Goreman), A. Ii. Wichser. John Il.
Decker, Claus Often, August Leonhardt. t.
topher Haeke and A. Z. Kleinbart. This
was the way in which the jury stood from
the very first ballot, those holding cut for
acQuittal refusing TO bulge au inch.
The other jurors expressed themselves
as very indign ant over The conduct of these
three men. One Juror said that immedi-
ately on entering the jury-room they threw W
themselves down in a corner and refused
-.
minds to vote mot guilty." they said, "and
we don't intend TO change, so you can ar
que as much as you like among yourselves" "
So they stood and threats and persuasion
were alike valueless. No more ballots
were necessary, as the aspect of affairs
never changed.
So John w. Flood will be tried again.
and, If Judge Belcher and the prosecution
can decide. as speedily as possible. This
case has 3een hanging fire now for eigb-
teen months and 1t is felt that some dispo-
stion should be made Of it. And when
this is disposed of there are two other
charges pending against Flood upon which
he was arrested at the close of court on
Saturday last. The warrants charge that
Oh February Is, 1892. Flood, with intent to
defraud the bank, made a fraudulent entry
in the books to the effect that sum of
$4,000 had been paid in to the estate of
Della hope, no such sum having been paid.
Flood is charged with the embezzlemept
of this sum.
The accused appeared before Police
Judge Joachimsen for examination YES
terday. Prosecuting Attorney Cabaniss
also represented the prosecution, and he
stated that as be had little knowledge of
the case he would prefer that it should 90
over until the LAWYERS employed by the
bank appeared. No objection 10 this
cause was made on behalt of the dsfen-
dant. and, on the understanding that
Carroll Cook would be absent for some
time at Sacramento on the train-ditchers'
trial, Floods examination went over until
Novemo Der 10, the day on which the third
hearing Of his first mbezzement charge
is to be set by Judge Belcher.
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NEITHER legitimate competition nor en-