The San Francisco call., 1898-06-03
" ALLER IS
 ACQUITTED School Director Found
 Not Guilty. VERDICT WAS APPROVED. THE PROSECUTION HAD A VERY
 WEAK CASE.
VERDICT WAS APPROVED
Damaging Testimony Given by Eli T.. Shepard Refuted by Several Reliable Wit
 neSSeS.

School Director Samuel Waller has been declared innocent of the charge of solicit Ing orlbe from Eli T. Shepard. After all the evidence was in and counsel had argued the points of the case the jury entered verdict of not guilty. The fol- lowing were the jurors: James Me Gushen. F. w. kampe, J. A. Kenney, J. Bremer, H. Harms, Otto Wielweber, R. V. Crosky, W. Hinckley, A s. Lowndes, w. E. LoveJoy, Frank Dumont and Ed ward Oliver. In few minutes 1t was an nounced by the foreman that decis on had been reached
 When the case was called yesterday morning and the jury had been completed the first witness to be called was Eli T. Shepard, the complainant. He stated that on May Il, 1897, he called at Waller S drugstore to interview the School Direc- tor regarding a position he wished to ob- tain for his daughter in the School De- partment.
 He then told me that he would give her the position if I paid him $500," said the witness.
 On cross examination Mr. Shepard said he was well acquainted with Julian Wal Ter, the brother of the defendant, and had invited him to his ranch and had enter tained him.
 Did you not try to induce Samuel Wal Ter to go into business with you"' was asked.
 The witness said he did not know, but had some idea of having offered to put up 900 for the purchase of Joys drug store at Market and Stockton streets, and later rendered the same amount for the Wakelee pharmacy at Sutter and Polk streets.
 Did you not tender Julian Waller Sl50 a month and offer him an interest In the Wakelee business after five years serv- ice?" queried MT. Dunne.
 NO, sir; did not.''
 "Did you not. in speaking to Julian Waller; say; Well, you know me; will
 ''No, sir; did not
 ''Did you not before the Grand Jury swear that S4OO was demanded of you and not s5OO?"
 Julian Waller brother of the defend ant, was the next witness called, and he fiatly contradicted Shepard. Ut was true that Shepard entered the, drugstore on the date mentioned" said the, witness, "but 1t is false that Samuel Waller made any offer. When Shepard entered the store on that day and addressed Samuel talk school business to-day; come some other day" Shepard left, apparently an- gry at the abrupt dismissal. JulianWaller' s testimony was corroborated by Frank Worthington, and James A. Shook, secre- tary of the Grand Jury, was called. He produced the engrossed minutes of the meeting at WhiCh Waller was indicted, and the fact that Shepard had testified at that meeting that Waller wanted S400 not $500, was proved. Many other witnesses to testify to Walters previous good char acter were called, and then the defendant took the stand. He denied the charge against him, his testimony being sub stantially the same as that given by his brother and Frank Warrington. When Waller had concluded his testi- mony the case was argued and then sub mitted to the jury, which returned in a few minutes and entered its verdict. When the foreman announced that the jury had found the defendant not guilty there was demonstration of approval but the rapping of the pailff's gavel soon quieted the applause of the crowd. Wal Ter, surrounded by his friends, all com menting on the weak case put up by the prosecution, then left the courtroom.