The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-04-30
JUDGE ROASTED En-
Jury Finds Jim Callahan Not
Guilty.
POLICE CHIEF INDIGNAN7
viii Advise Cudahy TO With
draw Reward.

Omaha, Neb.. April 2s.-After consider
ing over night the guilt or innocence Of
James Callahan, the. jury announced Sun
day that he had no part in the kidnap-
ing of Edward Cudahy, Jr. The verdict
was an evident surprise to the court. and
Judge Baker expressed his disgust in en-
phatic terms. Callahan was arrested on
two other counts, which the state is not
now prepared to say viii 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 in
terested parties SO that an audience Of
fifty awaited the twelve men as they fled
into the court room. Callahan occupied
his usual seat and betrayed no aDprehen-
sion as to the outcome. His face was a
blank as he watched the verdict unfolded
and read. AS the words not guilty"
were pronounced, however, Callahan half
rose to his feet, his lips parted in a smile.
His relief found no 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. IF Callahan
had made his own choice Of a jury" the
court said, he could not have selected
I
more faithfully. If the state, for its part,
| had made the selection know of no men
it could have named who would have
! been less careful of its interests. The
jury is discharged without the compli-
ments of the court, and the prisoner is
| likewise turned loose as to this trial.
presume to continue the criminal prac-
tees in which you have failed to check
| him. 1 do not know what motive actu-
ated you in reaching this decision, but I
hope none Of you viii ever appear again
/ in this jury box
The jury was evidently I'll at east dur
! ing this arraignment, but did not make
any response and fled rapidly from the
box as soon as it was at liberty. IN the
hallway Callahan mumbled his thanks
and shook the Jurymen's hands. This
proceeding was one of the embarrass-
ments under the contemptuous eyes Of
| the court officers. Chief of Police Dona-
hue says he Will urge Mr.. CudaHy to at
once withdraw the proffered reward Of
$50, 900 for Pat Grove Grove might
easily make an appearance and claim the
reward himself" said Chief Donahuc "as
the evidence against him is no more d.
rect than that against Callahan. In my
! eighteen years experience with criminals
I have never heard more absolutely con-
vincing evidence presented than that
presented against Callahan.
There was not a single flaw IN the tes-
timony and the evidence of guilt was
overwhelming. From the information
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 the
opinion that no kidnapping had occurred.
and they had taken their oath as jurors
with this conviction in their minds.
II do not approve Of any reward being
lieve that it operated in the Callahan
Several times heard the expression that
the police simply concocted 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. viii stand for the present.
Omaha. Neb., April CT was the
twelfth man on the jury TO vote for Cal
lahan's acquittal." said ". p. Fuller to-
day, "and 1 stood alone on the ballot
from O'Clock Saturday until 10 o'clock
Sunday morning. I believe now, as 1 be-
lieved then. that Callahan has not proved
an abb and there was sufficient evidence
to convict him. but for six hours L stood
alone there. I shall never forgive my
self for yielding. ! wish now that I had
stayed with them and hung the Jury. as
said at the beginning would rather do
than vote for acquittal."
W. T. Moore, Ed Shaw ard other jury
men coucurred in the formers statement.
Il rendered a verdict n accordance with
my understanding Of the evidence under
the instructions Of the court. The prose
cution seemed TO think that all Il needed
20 do was to prove a Connection between
Grove and Callahan. Grove has never
been convicted and his guilt cannot be a
foTeg0ne conclusion.
County Attorney Shields does not agree
with General Gown in the settlement that
Callahan cannot be held for trial On the
charges OF grand larceny and false im-
p-isonment. He says; when caliahl1
lawyers put in their plea for bis release.
on the ground that he has already been
tried and acquitted on the ofeuse cha-s-
ed in ali three informations the state
VIII oppose the plea. He IS II The same
position as a man who IS charged Ti-h
both assault ard robbery would D. 81 be
we've acquitted on one OF the other 81 the
charges