The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-29
CALLAHAN
ACQUITTED
Man Charged With Participa-
ton in Cudahy kidnapping
Is Declared by the Jury to Be
Not Guilty.
REBUKED BY JUDGE.
The Court DenOunces the YER
dict in Vigorous Terms.
Result Apparently Was Sur
prise to the Defendant.

Omaha, Neb. April 29.-After consid-
ering over night the guilt or innocence
of James Callahan, the jury announced
that he had no part in the kidnapping of
Edward Cudahy, Jr. The verdict was an
evident surprise to the court, and Judge
Baker expressed his disgust in emphatic
terms Callahan was arrested on two
other counts, which the state is not now
prepared to say will be made use of,
as no new evidence is at hand. and the
expense of going over the ground again
is considerable
The jury notified Judge Baker at
a. m that it had settled upon a verdict
and the news spread among attorneys
and interested parties, so that an
audience of fifty awaited the twelve men
as they filed into the courtroom. Gala
han occupied his usual seat, and betray-
ed no apprehension as to the outcome
His face was a blank as he watched the
verdict unfolded and read As the words
mot guilty were pronounced, however,
Callahan half rose to his feet, his lips
parted in a smile. His relief found
sympathy among the audience, however.
and he turned his eyes gratefully to the
jury
Judge Baker studied the wording of
the verdict for several minutes in silence
as though he had doubted the evidence
OF his ears. Then he wheeled in his
chair. and, addressing the jury, rebuked
them in the most vigorous terms He
said:
IL Callahan ndQ IlaQe MS own CHOICE
Of a jury he could not have selected
twelve men who have served him more
faithfully. If the state for its part had
made the selection, / know of no men
it could have named who have been less
careful of its interests. The jury is dis
charged without the compliments of the
court, and the prisoner is likewise turn
| ed loose as to this trial. presume to
continue the criminal practices in which
you have failed to check him. do not
know what motive actuated you in
IL f-fr
of you viii ever appear again in this
| jury box.
The jury was evidently i'll at ease
during this arrangement, but did not
make any response and filed rapidly
| from the box as soon as it was at lib
erty. In the hallway Callahan mumbled
his thanks and shook the jurymen's
hands. This proceeding was one of en-
barrassment under the contemptuOuS
eyes of the court officers. Chief of Po-
| lice Donahue says he will urge Mr..
| Cudahy to at once withdraw the prof
fered reward of $4,000 for the apprehen-
sion of Pat Grove. Grove might cas-
| lily make an appearanceand claim the
reward himself said Chief Donahue,
''as the evidence against hin is no more
direct than that against Callahan. In
my eighteen years of experience with
criminals 1 have never heard more alb
solutely convincing evidence presented
| than that presented against Callahan
There was not a single flaw in the
testimony and the evidence of guilt was
overwhelming From the information
I have secured as to the sentiment of
the jury, I believe that its decision was
based largely on the theory that the
victim of the affair was a wealthy man
and as such, he is able to suffer Two
of the jurors, I am informed. expressed
their opinion that no kidnapping had oc-
| CURED, and they had taken their oath
as jurors with this conviction in their
minds.
Il do not approve of any reward be-
| ing offered in a case of this kind. and
believe that it operated in the Gala
han trial for the acquittai of the ac-
cused. Several times I heard the ex-
preston that the police had simply con-
cocted a plot to send an innocent man
| to the pen in the hope Of securing the
reward"
The $4,000 offered for the conviction
! of the three men concerned in the
crime, however, will stand for the pres
ent.
General Corbin. leading the prosecu-
| ton, says that Callahan will probably
be released. The other charges against
\ him. grand larceny and false in prison.
ment. the general points out. vir-
1 tuaIly synonymous. The state would
! be obliged to depend on the same evil
dence as that which has already been
brought out and there is doubt, in any
event, whether Callahan could be tried
on a charge so closely akin to that