The morning call., 1894-10-20
WERE LOCKED UP.
Jury in the Flood Case
Out All Night.
Eloquent Argument by Counsel for
the Defense and Prosecution,
Barnes on Cook.

The case of John W. Flood, on trial for
embezzlement in Judge Belcher's court,
went TO the jury yesterday afternoon. The
latter were unable to agree at late hour
and were ordered locked up for the night.
When proceedings were resumed yester-
day Carroll Cook made his nal appeal on
behalf OF the defendant He supplemented
all be had said the previous day with
strong eXhortatlOn TO the jury 10 delve
deeper into the mystery than had been
done by the prosecution in presenting
merely evidence of superficial character.
Cook spoke OF the absence in Europe of
Joseph A. DonOhoe ST., and called the
ju?y'S attention TO the vehemence with
which the prosecution of Flood had been
pushed during his absence. Then, again,
was TO be remem bered the remarkable
answer given by Flood when confronted
with his directors oD that memorable
April OF last year. On that occasion, as
testified hy him on the witness-stand,
Flood said, 81 will tell no one except
Joseph A. Donohoe." Did not that an
swer, given in presence of all the di-
rect0rs, clearly show that Floods lips were
sealed? Who, then, could explain the
mystery? Why. Joseph A. Donohoe Sr.
And Carroll Cook endeavored to impress
the jury with conviction that the eX-
cashier had remained silent all this time
from faith to his old employer, and had
risked the chance of Incarceration in the
State prison at San Quentin rather than
betray the trust which had been reposed
in him for so many years.
In this way did Carroll Cook epdeavor
to prove To the jury that his client was in
nocent OF crime, and with some degree of
| confidence he asked a verdict to that effec.
at their hands.
1t was then the turn of General Barnes
to close the case with final address in
behalf of the prosecution. The general
| talked pretty much as ne Gid in his open
| ing argument Then he stated the facts
of the case. from his point of view; now
he devoted his energies. in addition to re-
lteraung those facts, 10 making a consid-
erable amount of tun out of Heggerty and
Cook, particularly the latter. with the line
Of argument they pursued.
General Barnes had to say that he
looked upon Carroll Cook, that master of
technicality in criminal law, with unmixed
| dread and admiration. 81 look at him,
| gentlemen, as the Chinaman looks at his
| joss: he knows he's homeiy, but he feels
he's great" There was a general laugh
at this sally. Later on General Barnes in
the same vein spoke of Cooks brilliant
| and untiring efforts on behalf of murderer
John McNultv, for whom the scaffold was
thrice erected, but whose neck Cook finally
saved from the gallows.
Barnes drew happy picture of Nc
Nuly growing fat within the hospitable
i
venture 10 say. gentlemen of the jury, that
If you were now to ask McNulty whet ther
Carroll Cook or God made this universe
he would tell you that he did not feel quite
certain upon The subject, but he thought it
was Cook"
Then having eulogized Carroll Cook
sufficiently General Barnes proceed 10 pick
holes in his argument. He ridicued the
idea of Flood preferring to go to San
Quentin than to divIlge the secrets of his
employer. Then, with regard to what
Carroll Cook said of Floods answer to his
employers, counsel said: Gentlemen,
Flood says that he replied, Il Will tell no
one but Joseph A. Donohoe Sr. will tell
him when the proper time comes Has
that proper time come yet? No, gentle
men, not vet"
In conclusion General Barnes called
upon the jury to do their duty, regardless
OF the consequences. Let them remember
the Pacific and other banks, aud the
misery caused by their wrecking: and let
them not waste time in sympathy for this
moral wrecK-wrecked, gentlemen, and,
oh upon what shorel'
If they were satisfied that he took
the S164,0O0 charged to him. or any part of
1t, from the bank in an unlawful manner,
let them find him guilty of the charge.
1t was several minutes TO when Judge
Belcher began his charge TO the jury. He
instructed mainly upon the law of the case,
with positive instruction 10 the effect that
in the commission of crime such as that
charged to Flood the law presupposed
criminal intent. 1t was 20 minutes
past when the Judge closed his in-
structions and the jury retired to deiiber-
ate. No verdict having been reached by
haIf-past 8 o'clock Judge Belcher came
into court and ordered an adjour ment for
two hours. and everybody went away to
dinner.
At 10:30 o'clock Judge Daingerfeld re-
turned TO the courtroom, where dozen or
more interested people were waiting
anxious to hear the result of the jury's de-
lberations. They were disappointed.
though, as was the defendant himself,
when the bailiff reported from the jury
room that no verdict had been arrived at
and that there was no prospect Of speedy
| return. Friends of the defendant showed
their anxiety in their faces at this return,
and more especially when it was rumored
around town that majority of the jury
were holding out for conviction.
Judge Daingerfield ordered that the jury
be locked up for the night.