The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-01-20

. fendant testified before the Grand .
q Jury df you find from the evidence q
F.! . he did testify before the Grand q
! q Jury). he had no knowledge of such .
. deposit except what he may have q
| q acquired from the newspapers q. ru-
. mors or from. hearing one Hugh .
| . Brady speak about It, or joke hilip .
, = Stock about 1t. in saloon. tren .
. you will acquit defendant. q
q . . 80 . . . . >R
| Whether Charles F. Kelly. member of the
| House of Delegates. charged with perjury
! before the Grand Jury in It's investigation
| of municipal bribery. is guilty, depends on
| the words that are written and sealed in
| an envelope intrusted to their foreman
at o'clock last night. after the twelve
! Jurors had arrived at their verdict, which
| will be handed to the clerk In Judge
| Ryan's court when the defendant Is brought
| in this morning.
About the Four Courts last night after
the jury had dispersed and its members
! gone their several ways it was the general
impression that the verdict had been
guilty" and those who pretend to be good
guessers say that the punishment had been
| fixed at two years, the minimum penalty.
Seven years is the maximum
Notwithstanding this general belief that
| the verdict was unfavorable, Kelly was IN
the most hopeful mood. and his friends
seemed to be certain that the six hours
, spent by the jury In consideration OF the
| case was an indication that there was
! doubt as to his guilt.
| JURORS CALL FOR CIGARS
TO PASS AWAY TIME.
The request Of the jury after 1t had
| been out two hours yesterday after
noon, that box Of cigars and a pitcher
| ho oonf n
Judge Ryan that a verdict would not be re-
| turned for some time. and he adjourned
! court until 10 o'clock this morning, instruct
/ ing the Jurors to return a sealed verdict If
they agree.
! The Jury took the case at 800 o'clock. Ex-
actIy two hours later came the request for
cigars and ice water. Judge Ryan smiled
| as 1t was communicated to him. and in
structed bailiff to supply the jury's wants.
| 1t has been written that man who
smokes is usually deep thinker. Judge
| RYAN probably has read this and the
| iury's request for cigars no doubt con-
WINGED him that the twelve men who have
| decided kellys guilt or innocence. wished
| to prepare to go deeply into the case, ana
| felt that they could not do 1t without
| watching the curling smoke from their Ha-
| vanas. 80.
! No indication as to how the Jury stood
| could be obtained when the request for
! cigars was communicated to the Judge. IN
| struction No. given to the Jurors by the
| court, it is believed. had considerable to 10
| with the length of time required to agree
4 upon a verdict.
DEFENSE CLINGS HOPEFULLY
| TO ONE LEGAL POINT.
The Jury was Withdrawn about noon
| while counsel argued the point In the eVi-
dence, which resulted in this section being
! given. At the trials Of other House OF Der
egates members charged with perjury. the
| testimony they gave before the Grand Jury
| did not show that they had acknowledged
having heard Of the $4,000 deposited by
| Murrell and Stock, as did Kelly, and the
defense played upon this as strong point
| in their behalf. and weak one IN the
| case of the State.
! this instruction being given to the jurors.
! and made no objection to 1t. Judge clark
| and Thomas ]. Rowe for Kelly. however.
were elated when they succeeded In getting
It in. and place great faith In II.
The defense rested its case shortly after
! noon with the exception Of H. A. Buck,
! former Grand Jury stenographer. who was
called to testify from his stenographic
notes as to Kelly's testimony before the
December Grand Jury last January
The defense's object in calling Buck. who
! had been called originally by the State and
.
on Saturday night, was to show that kel-
| ly had not denied positively that he had
| knowledge of the $4,000 Buck read from
his notes that Kelly had admitted when
! before the Grand Jury that he had heard
Hugh Brady speak to Phil Stock about the
money in a Third street cafe. ana that he
| had read in the newspapers OF IL.
COURT REFUSES TO TAKE
CASE FROM THE JURY.
Judge Clark for the defense made mo-
tion for an instruction from the court TO
acouit Kelly on the ground that the State
had not proved perjury as charged In the
Indictment.
In overruling the motion, Judge Ryan
said: II was on the verge Of directing a
verdict of not guilty for the defendant Sat
| urday night on that point But as sat
here and gave 1t deep thought decided
that It was my duty not to do 1t. Yester-
day at my home I gave II more than
ordinary consideration. and examined the
authorities at hand in my library. and l
am convinced that the case snouid go 10
the Jury for its consideration. shall give
the jury instructions that II they believe
the defendant knew about the brtbe money
only by srumor to acquit but II they be-
leye he knew of r in any other way they
are to convict him."
In addition to Buck. four witnesses VINO
testified that they knew kelly's reputation
| and had always considered 1t good. were
examined before the instructions were given
and the addresses to the jury began. The
witnesses were: Charles Schweickardt. pro-
prietor Of the Cottage at Forest Park;
Martin Collins. salesman for the Graham
Paper Company. who had sold paper to
Kelly; Fred Flammger. blank book maker,
and Michael Heller, retired manufacturer.
Judge Ryan's Instructions. with the ex-
ceptiop of section 5. were about the same
as those he has given the 1uries In other
perjury cases.
EACH SIDE IS ALLOWED
FORTY MINUTES IN ARGUMENT. #
Counsel agreed to take forty minutes on
each side for arguments. e; urrick Bishop
| opened for the State and talked pIteen min
utes. He reviewed the testimony orief1y,
! saying:
''It has been shown that q combine ex-
listed when Council bill No. - was pending
before the House Of Delegates; teat Kelly
| was a member of that combine. He at
tended Its meetings and with Lehman.
| Bersch and Helms composed comm!ttee
appointed by the combine wnlch was to
| see Stock and effect compromise with
him after the House had Deen stopped by
an Injunction from acting upon ine Dill
Kelly was brought beioTe ,ne Grand
Jury to tell all he knew. ne knew that
I the money In the safety.deposM oo4 was
for bribery. He was not aisin.erested
spectator. He was one Of those VINO Ia
. vOred S100 fuatoad nj $150O as the DftCe