The morning call., 1894-10-21
THE JURY STILL OUT.
Ex- Cashier Floods Fate Not Yet
Decided

DSCluGu.
The fate of John w. Flood, ex-cashier
of the Donohoe- Kelly Banking Company,
stlll hangs in the balance. No verdict
having been arrived at bv the jury after
twenty-four hours deiDeration, at 4
o'clock yesterday afternoon Judge Belcher
took the unusual course of ordering the
jury to be locked up over Sunday. He
will not accept a verdict from them now
until tomorrow morning at the opening of
court.
1t was a long day of weary watching
and waiting that those interested in the
case passed yesterday in the courtroom of
Judge Beleher. The day was almost de-
void of interest, as on no occasion did
Judge Belcher summon the jury into
court, and there were none of the usual
false alarms that caused momentary
futter of excitement On such occasions.
Carroll Cook and Charles Heggertv, the
leading counsel for the defense, grew
brighter and brighter as each hour passed
away aud no word came. Flood himself
sat in court nearly all day long, accom-
panied by his sons, and although appear
ing extremely nervous he was sufficiently
able TO converse with numerous friends
that pressed around him.
The day, dreary as 1t was, was not al
lowed 10 pass altogether without incident.
Early IN the morning big policeman, an
swering to the name of Maloney, took up
a position In the courtroom, and. although
he interIeTed with no one, it was plain to
see that he was not seated there without a
purpose. AT the noon interval Flood
passed out of the courtroom on his way to
lunch, and the policeman made no sign.
But the purpose of his being there was 10
develop afterward.
1t appears that on Friday afternoon last,
while General Barnes was making his final
lmpaSSioned address TO the jury on behalf
OF the prosecution. Howard Havens, vice.
president of the Don oboe Kelley Bank,
ana Attorney z. G. Galpin, the bank
legal adviser, were seen lowering about the
Grand jury rooms while that august body
was in session. 1t transpired afterward
that Howard Havens applied to the Grand
Jury for another Indictment against FLOOD,
but he met with repulse at their hands,
being informed that the final report of the
Grand Jury was in near completion, and
that they would undertake no new busi-
ness before adjourning for good.
Howard Haveus and Galpin were re-
pulsed, but they were not going to allow
Flood to escape them should jury de-
clare him innocent Of the charge on which
bis trial vas drawing to close. So vester-
day morning MIR. Havens and MIR. Galpin
went before Police Judge Joachmsen and
swore out two warrants for Floods arrest
on felony charges. The matter was trans
acted secretly. and the nature of the war
rants did not transpire. but as it was
known that Judge Joachimseu fixed the
bail at $4,000 In each case 1t was presumed
that the felony charged was the alteration
OF certain entries in the books of the bank
by the eX-cashier.
SO much was discovered by Attorneys
| Heggerty and Cook after little trouble.
Policeman Maloney did not admit that he
held any such warrants in his possession,
but he remained on the watch In court,
and 1t was patent to all that he had in
structions to rearrest Flood at once should
tne jury's verdict at any time be recorded
| in his favor. Carroll Cooks desire was
that the policeman should arrest Flood
forthwith. but this course was not pur-
| sued. and the attorneys for the defendant
| were much exercised ihereat.
This looks like needless persecution" 3"
said Cook. They want to arrest Food
tonight, 30 that he may be kept In Jail all
Sunday. You say that Judge Belcber has
made a rule that he will not acc, pit bail
bonds except in open court; consequently
these people want 10 wait until court ad-
journs. and then arrest Flood. so as to
keep him in jail"
So saying, Cook proceeded to prepare for
any emergency Icy sending for Flood s
b0ndsmeD, Harry I. Emeric ana Thomas
Nj. Duncan. Mr.. Duncan arrived shortly,
but the afternoon drew to a close without
the arrival OF MIR. Emerc Still no war
rant was served on Flood, and at o'clock
In the afternoon Judge Belcher came in to
court aud ordered recess until to-morro W
morning, the jury in the meantime 10 be
kept in charge of Deputy Sheriff.
should the jury arrive at conclusion
before II O'Clock this evening, you will
find me either at my house OF al the Press
Club jinks. But after that hour l shall re-
ceive no verdict until Monday morning."
The two warrants charging Flood with
I making false entry in The books of a
corporation" were served upon Flood by
Policeman j. L. Maloney in The corridor
as he left the courtroom. The officer was
about to take the prisoner downstairs to
the City Prison when Carroll Cook inter
fered. The officer said he had to do his
duty, ald the attorney ran downstairs TO
Chief Crowley, The Chief told the officer
that there was no necessity 10 take Flood
to the prison as BONDS would be given for
his release.
The bondsmen, Captain Alexander and
Isaac Corey, were in readiness. and Judge
Trout appearing opportunely upon the
scene. the bOnds-$3000 on each charge
were promptly made out and accepted
Attorney. client and bondsmen then
walked away together. and The officer
went TO the prison and got the charges
entered on the register. presenting at the
same time Judge 1routi's orders for
Floods release.
AT late hour in the evening the jury
was ordered locked up.