The San Francisco call., 1898-10-08
T he Jury Locked Up
 for the Night.
FAILED TO FIND 4 VERDICT
PROSECUTIONS CASE LACKED
 STRENGTH.
Instructions on the Most Material Points Were All Given in Favor of ths
 Accused.

The Jury now holding n it's hands the fate of Augustus c. Widber, charged with having embedded S117.110 from the vaults or the city treasury. spent the hours be- tween U o'clock last night until the early hours of this morning behind bolted doors in the SJ. Nicholas Hotel. under the watchfUI eye of Deputy Sheriff Thomas 7. Whelan.
 All the morning yesterday District At tOrney Hosner argued on behalf of the people. His argument concluded, Judge Cook proceeded to instruct the jury. The instructions of the court and those given at the instance or tle proSecu IIon ana defense did not materially vary from the ordinary, except regarding the alleged confession On this point the lnSLT UClI0n was favorable co the prisoner even. in- deed. # it did not result in determIna- ton on the parl of the Jury to east t from it's mind altogether during delibera- ton. In regard 70 the confession the court said:
 Tn this case certain evidence has been offered as to certain admissions or confessions on the ua-r 7F The defendant. In this cuCCec- ciCE instruct yJu. gentlemen Qt the 1lTy. -lAl all testimony as to confessions or admissions allsEss Co have been made by the defendant a- any r-1e -1 any persons should oe -et=-Ve- and considered with great caution. and are mt to ba com 4l-atf sr a I1fas= thzv were rus.la freely and voluntarily h considering any s.l-a alleged er f=ssi1-e IF admissions alleged t1 have been made by defendant you should receive and consider the same wiJh great caution, as there is danger oT mistake from -uisarprehsl- sion cr the witnesses and misuse o- v 9C7-s ana failure Of the defendant, # h= made sech state nle71s Co sxperess c-s own I-e41---g' ana - las tltr--ities Of memory 1u the part 1t witnesses C-z--ry ali -Es- vvas sa55 a-+ rHa surrounding circumstances of the conversation E or these n. 7ai7 ss oF bT5-sr--- fz Ina s-1et testimony caution
 Regarding the condition Of mind of the accused at the time or the alleged con fesstOu the court instructed that such % rg fTrn CO0E11Era- ton by the jury as going to the weight or value as evidence Of such statement or confession. and f the jury believes from all the testimony that the defendant by reason Of the use of intoxicating liquors C- by reason Ct the use of drugs or rom any other cause that the defendant was il such Q state of mind as not LO under stand or comprehend what he was stat ing CT COufeSSing. then l charge you that tC is the law that the jury should dis regard the statement or confession alto geCheT." The court further charged That the defendant was not pTeCluded by the confession. but had the right 10 offer testimony to show that the facts set forth in the confession were not true and that they should. especially where there was question as rO the mental condition, weigh such evidence with care, and the defendant was entitled 10 the benefit Of the reasonable doubt as 10 his mental condition, and that the defendant cannot be convicted on his eXtra-Judlclal confession alone
 The charge completed. the jury retired tO deliberate upon e verdict During the long hours that tnterveued between the time Ihe Jury retired and the order of the court to lock it up for the night Widber spent the hours pleasantly chatting with his counsel and a number 0f friends who have remained loyal 70 him during the trying period following his arrest. His aged mother went Co her home as the jury fled from the courtroom, after re- CetTiuE Instructions. and did not again return She doubtless felt unable to en- Cure the suspense in the crowded court room. and did not want an Unsy mpathiz- Ing crowd -5 See her grief in the event the jury determined that her son must wear the feIOn's stripes.
 This morning at I0 clock the jury will be again brought into court and the ques- ton as to whether the prisoner must again be tried, go to prison or free will f.- fararrniraf