The San Francisco call., 1897-10-15
WELBURN
DECLARED
NOT GUILTY
Verdict Reached by the Jury
After Six Hours De-
liberation.
THE DEFENDANT Is JUBILANT.
Says He Knew He Would Be
Freed if Justice Were
Done Him.
SPECIAL AGENT THRASHER ANGRY.
he Expected Conviction, and Says
He Still Has a Count or Two
for Settlement.
SPECIAL AGENT THRASHER ANGRY.
he Expected Conviction, and Says
He Still Has Count or Two
for Settlement.
"We find the defendant mot
suiIfy's


.. NJ. Welburn, ex United States Inter
nal Revenue Collector is a free man.
Last night at $3.50 o clock the jury that
for days listened TO the evidence as it ac-
cumulated for and against him after de-
liberation of several hours notified United
States Marshal Baldwin that il had
reached a verdict.
The news was communicated TO We'll
burn, who was nominally in custody in
the Marshal's office. but he remained un-
concerned and stoicaI as ever. Judge de
Haven, Special Agent Thrasber, the at
torneys in the case and Mrs. Wei burn
were then informed that the jury had
reached a verdict. The courtroom was
lighted and preparations made to close
the interesting case; to place the de-
fendant in custody if found guilty and to
free him If declared innocent
AT 1880 O'Clock those who had been
communicated with, with the exception
of mrs. Welburn. entered the courtroom.
Judge de Haven, in mis- overcoat and
maniiesting signs of having been awak-
ened from a sound slumber took his seat
on the bench. The jury filed in a minute
after the Judge was seated and entered
the box. Judge de Haven faced them and
SdIus uentIemen the Jury, nave Won
reached verdict?"
5. s. Tilton, foreman of the Jury, an
swered in the affirmative and passed a
piece of paper, on which the words that
freed Welburn were written, to the Judge.
He took the bit of paper, glanced over it
and, handing 1t to the clerk, ord cred that
the verdict be entered on the record. Dur
ing the entering of the verdict all in the
courtroom were plainly in suspense. That
work was finally finished and the paper
was returned to the Judge. Turning to
the jury he said:
''GentIemen of the jury, is il your ver-
dict that the defendant is not guilty?'
Welburn dropped his face in his hands
for a moment, and when he raised il the
corners of his mouth were drawn in an icv
smile. He then rose to his feet, as did
several of those in the court but they
again took their seats when the bailiff
raped for order. Judge de Haven
thanked the jury for its attention, dis
charged it and adjourned court. Welburn
shook hands with each iuryman and was
congratulated in return by lawyers and
friends.
He then walked from the courtroom.
He expected the verdict, he said, and
knew that in justice no other verdict
could be found. Special Agent Thrasher
made no attempt 90 conceal his chagrin
over the verdict. '1t was all owing to the
sickly sentiment over that colored man
that the verdict was found" he said.
Several reflections have been cast toward
Dillard during the progress of this case.
but in my mind he has come out un-
scathed.
although the verdict frees Welburn
on the forty three counts that stood
against him there are others The cuI-
mlnation of the suit against WeIburn by
no means dlsposes OF mis- case as other
counts will surely be found against him.
The court was opened bright and early
at 10 o'c!o ock, and Frank H. Gould began
the osing argument for the defense He
spoke until the noon hour. He made a
good impression. He was not so rough
shod in his roasting of the opposing wit
nesses as was Mr.. McNab, who, strange to
say, used sh!llela instead of a clavmore
Mr.. Gould has jury-seduc " ice.
His elocutlon is designed to make he
bearer believe that Mr.. Gould means waat
he says. He was most attentively listened
to by a crowded courtroom, and more
than once, when he appealed to the Jurors
TO disregard the testimony of a negro who
had confessed himself to be torger, and
when he made references to the family of
the defendant then sitting in the court +
room, there were many moist eyes. Yet
the speaker did this thing almost without
effort. The art was com pletely disguised,
and the speech was there fore all the more
effective.
For the first time during the trial the
whole family of the disgraced defendant
were present in court, the new additions
being the eight-year-old twins, boys re-
sem bling the mother more than the father,
and one of them cute little fellow with
brick-red hair.
In Welburn's memorandum book placed
in evidence are some entries OF a peculiar
nature which tend to prove that the salary
paid to the United States Attorney is far
TOO small. 1t must be so. tor the book
| shows that Attorney FooIe has been
| obliged to borrow money from the man
whom he is secuting-borrowing not
at irregular intervals under pressure of
| unexpected contingencies, but regularly
month after month with regularity that
savored strongly of method.
The following are some of the items in
the book: