The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-30
THE JURY IN
WELBURN'S CASE
DID NOT AGREE
he Vote Stood Eight
for Acquittal.
A TALE OF BASE INGRATITUDE
ACCUSED MAN HAD BEFRIEND-
ED HIS INFoRMER.
He Saved From Prosecution William
Davis, Suspected of Stealing a
Sack of Internal Rev
enue Coin.
A TALE OF BASE INGRATITUDE
ACCUSED MAN HAD BEFRIEND-
ED HIS INFoRMER.

The jury in the case of Osca NJ. Wei
burn the eX-Internal Revenue Collector,
on trial for forgery and embezzlement,
failed TO agree and was discharged yester-
day afternoon at 2:30 clock by Justic~ de
Haven in the United States District Court.
The jury had been out since Wednesday
evening at 6 o'clock, and stood eight for
acquittal and four for conviction. 1t is
said that three of the latter were willing
to vote for acquittal, but the persistency
of Juror William G. Ayers caused them to
stand by their original intention. One of
the reasons ascribed for Ayers stub
bornness is said to be the chatting he was
subjected to by his colleagues when ne
desired to know who MIR. Jurat was, any
how?" The attorneys had referred to the
'Jurat,' or sworn oath, several times IN
the course of the trial. Throughout the
deliberations Ayers was addressed as MT.
Jurat, and became much fncenSed there
at. Juror Maurice Henry, who voted for
aCquittal, was heard to remark in the
hallway after the discharge of the jury
the witnesses for the prosecutions and he
would not take his word for anything.
The United States District Attorney in
tends to ask the Department OF Justice at
Washington for further instructions in
the case, but it is thought that a new
trial will be ordered. 1t is quite likely
that a second trial will result in an &C
quittal and Welburn will be permitted to
himself in the service of his country.
A bald case of ingratitude on the part
of a man whom Welburn saved from go
ing to prison has Just come to light. 1t
will be remembered that Welburn was
apprehended on the information OF Will
liam Davis, d negro eXpressman, who has
praisers building on Washington street.
When Welburn arrived in this city from
Galveston in charge of squad of nine
recruits he was recognized as he was en-
. 1nt "
son. The latter, who was under the i'm
preston that there was reward of $500
tor Welburn's capture, told his father of
Welburns presence in the city, and the
old man, forgetting the former kindness
Of Welbnrn to himself and son. informed
Burt Thomas, the special agent of the
played by Davis and his son in the affair
may be understood from the following
story:
The elder Davis was employed by the
receipts to the sub-treasury. Two deliv-
cries are made daily, one at noon and
The other at I o'clock. On December /,
1893, Collector Quinn turned the office over
20 his successor, Welburn. and while the
transfer was taking place word was
brought to them that a sack containing
5000 had mysteriously disappeared from
the wagon on the noon delivery. 1t was
known that the senior Davis had driven
the vehicle, and on the seat with him at
the time was his son. The men Wee i'm
mediately suspected. detectives were
placed on the case and the sack of money.
minus some thirty dollars, was located
under Davis house.
Had Welburn been so inclined he could
have prosecuted the men. but he was dis
posed TO be lenient, and actually allowed
Davis to continue hauling the money.
though he was always accompanied by an
officer of the Internal Revenue Depart
ment.
Welburn's kindness was poorly repaid,
as is now known. 1t Is worthy OF note
that there was no reward for Welbu1n's
apprehension. and so the Davis family
Will gain nothing by their perfidy to one
who certainly deserved better treatment
at their hands even from motives of the
commOnest gratitude