The Oskaloosa herald., 1901-05-02
ACQUITS CALLAHAN.
Jury in Cudahy kidnapping Case
Returns Verdict of Not Guilty.

Omaha, Neb., April s9.--James Cal
lahan was declared not guilty Sunday
of any completely in the kidnapping
of Edward Cudahy, Jr., shortly after
nine o'clock Sunday morning. The
jury signified to Judge Baker through
bailiff that it was ready to report,
having been out since $3.50 o'clock Sat
urday night. A small audience of so
attorneys and interested parties had
heard the news and were waiting when
the IL men filed in, The foreman an
nounced that the verdict was mot
guilty"
Judge Disappointed.
The judge had evidently been ex-
pecting another verdict and was open
ly disappointed. ut is impossible
for me to understand" he said, show
II intelligent men could have agreed
upon such verdict after listening to
the testimony. The defendant could
not have chosen more wisely if he had
been selecting his own representatives
and the community could not have
made more unfortunate selection.
This jury is discharged without the
compliments of the court" Callahan's
attorneys were not present and the
defendant expressed a desire to thank
the jurors in his own behalf. This the
court refused to permit. He said the
jury did not deserve any thanks.
Renrrested.
Two other counts still exist against
Callahan and he was at once rearrest-
ed under these. There is doubt, how
ever. whether the state will bring the
cases to trial. Chief of Police Dono-
hue announces that the $1,000 offered
for the apprehension of Patrick Grove
will be withdrawn. He says it is one
thing to arrest the culprit and another
to convict him. The reward of $50, 900
offered jointly by the city and Edward
Cudahy, however, will still remain in
force.
As far as could be ascertained from
the iurymen, there was at no time any
serious differences as to their opinion
of Callahan's innocence. Three were
inclined to favor verdict of guilty,
but were soon convinced by their col
leagues that a reasonable doubt ex-
listed.
Likely to he Released.
Gen. Gown, leading the prosecu-
ton, says that Callahan will probably
be released this morning. The other
charges against him, grand larceny
and false imprisonment, the general
points out, are virtually synonymous
The state would be obliged to depend
on the same evidence as that which
has already been brought out, and
there is doubt in any event wheth-
er Callahan could be tried again on
charge so closely akin to that on
which he has been declared innocent.
County Attorney Shields will be guild
ed by this view, and Callahan's lib
erty is virtually assured.
Defense Was an AIibi.
Omaha, Neb., April 2S.--The defense
began Saturday in the case of James
Callahan, charged with kidnapping. 1t
attempted to prove an alibi for the
prisoner. Three witnesses testified
they saw Callahan at various places
on the day he is alleged to have been
guarding young Cudahy, but on cross
examination they were not positive of
the date.
The sensation of the day was the
testimony of Emma Macdonald, IA
years old. She said she remembered
seeing Callahan at her sisters house
when Callahan was supposed to be
guarding young Cudahy, because that
was her brothers birthday. On cross
examination she admitted that she did
not know it was a birthday until her
father and Callahan's attorneys told
her to say so.
Callahan himself took the stand at
the close of the morning session. He
made an absolute denial of the states
testimony. He said that on the night
of the kidnapping he was in Arff's sa-
loon till ten o'clock playing cards.
Young Cudahy was kidnapped about
slept there all night, and returned to
the saloon in the morning, went back
home for dinner and stayed there all
afternoon. He first read of the kid
naping in the afternoon papers. On
this day young Cudahy says Callahan
stood guard over him at The prison
house. Callahan said he saw a body OF
searchers, including policemen, iDves-
tigating the neighborhood that after
noon.
On eross-examinatiOn Mrs. Kelly.
Callahan's sister. suhstantiated Gala
hams story. She said Callahan was at
home the night of the kidnapping and
nearly all the day when young Cudahy
was imprisoned. Frank Crawford
loon doing behind the. stove the night