The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-12
AHERN JURY DIsAGREEs.
Could Not Decide as to the Alleged
Assault.


A number Of the police officials were
willing to bet boxes Of cigars that the
jury in the case of Patrolman John NJ
Ahern would not reach an agreement
This was just after the twelve good men
and true had been charged by Judge
Orr in the police court yesterday after
noon and were retiring TO the jury room
to deliberate on a verdict. OF course
it was only a guess made by the officials
of the department for how could they
know what would be the result of the
jury's elaboration.
1t was q pretty good guess. however,
for at o'clock last evening, after being
out three hours and a half, the jury
came into court and told the judge that
there was no possibility Of them reach
ing an agreement Judge Orr explained
that there was mo- provision made by
which jurors In the court could be given
meals, neither could they be paid for
their services, and under the circum-
stances he did not feel like keeping
them locked up all night After thank
ing them for their services. he -discharg
ed them and ordered Patrolman Ahern
to report to him ats o'clock this morn
ing The jury took ten ballots while
out, and the final ballot stood eight
for acquittal and four for conviction.
The trial of the case, occupied the at
tention of the court and jury nearly all
day and the testimony was listened
to by large audience. Erwin & Shu-
maker appeared for Patrolman Ahern
and City Prosecutor Oppenheim con-
Quoted the prosecution. Ahern was
charged with assault and battery on
Peter Murphy, a hotel runner, while
arresting Murphy Aug. 10 last. The
case attracted deal Of attention owing
to the mayor and the members of the
police force, especially the officials,
raising the point that the mayor in
stead Of the court should try Ahern
This proposition was fought by City
Prosecutor Oppenheim, who held that
a police officer who committed an
offense was amenab1e to the law the
same as any other citizen. The members
of the police force took a great interest
in the case and WV. Erwin was Sc
cured to defend Ahern. After many
continuances the case was finally set
for trial yesterday and a jury consist
ing of the following was secured after
but little trouble. The jurymen were:
e. s. Tuttle, John I. Thonasson, r. E.
Won Kirk, S. M. Vanderwalker, Alfred
w. Tuchlet. William j. Waldron, F.
G. Warner, E. c. Varney, w. J. Treat
H. G. Tudor, Charles F. Tubesing and
A. c. Thompson.
There were nine witnesses examined
IOT JIl0 pTOSeCullUn+ not llcIuO1ng Mur-
ply, and they alt testified to seeing
the assault comnnittedfby the officer, or
the confusion following the assault. For
the defense, Ahern and Patrolman Nc
Call, John K. Cook, and William Doyle
were called. Ahern testified that he
struck Murphy but 1t was only after
Murphy had bitten him on the hand
and spit in his face. Chief Goss denied
the statement by Murphy that he had
requested the complaint withdrawn and
promised Murphy projection In the fut-
lTe from police interference, If he would
withdraw the complaint. Chief of De-
tectives Schweitzer, tIleut Beerner and
Lieut.. Pothen testified that they would
not believe Murphy under oath in
case where he was Interested Mr.. Err
win made one Of hisehara eterfstic talks
to the jury and was followed by Mr.
Oppenhein for the prosecution. The
court read the jury s,the law as to as
sault and battery and sent them out
for verdict.
Mr.. Oppenhefn seen last evening af-
ter the jury had been discharged, said
he had not decided whether the case
would be tried again or not