The San Francisco call., 1905-02-22
ELEVEN MEN
WOULD HANG
WEBER boy
Twelfth, It Is Said,
FaVOrS Life I'm
priSOnment.
Jury Fails to Agree on a
Verdict and Is
Locked Up.
Rumor Says Only One Man Stands
Between Auburn Youth and
the GallowS.
Special Dispatch to The CAN.

AUBURN, Feb. 21.-All that stands
between Adolph Weber and the gall
lows, according to a rumor afioat here
tonight, is the opinion of one man.
Eleven of the twelve men chosen to
decide the fate of the Auburn boy who
for the last twenty-seven days has been
on trial on a charge of numbering his
mother, rumor has it, are satisfied
of his guilt The twelfth man is also
satisfied that Adolph Weber is the
murderer, but he does not want the
youth hanged; he wants him impris-
oned for life. If he sticks to this opin-
ion, the Weber jury will have to an
nounce that it is unable to agree, and
a new trial will result.
The jury in the Weber case was
locked up at 11:30. it having failed to
arrive at a verdict after nearly seven
hours deliberation. Bedding at this
hour was sent in to the twelve men
and they will not be heard from again
until eight o'clock tomorrow morning,
when Judge Prewett will open his
court. Whether the jurymen will de-
liberate all night and arrive at a con-
clusion before that time is a question
Meanwhile Adolph Weber is stretched
out on his cot in his narrow cell vainly
wooing Morpheus. Sleep refuses to
come to him, however, and it is more
than probable that he will not close an
eye until he hears from ttn men who
are to say whether he shan live or die.
When the jury left the courtroom to-
but a part of his everyday life. He
displayed no interest, even when his
attorney objected to the jury being
placed in the charge of Under Sheriff
May. 1t was different, however, an
hour after they had gone into the big
room, where they were to decide his
fate. Then Weber began to show signs
of the terrible strain. In the court
room in the presence of the crowd of
curious, he had managed to control
his feelings. But his wonderful nerve
was not proof against the loneliness Of
his prison cell. Vainly he tried to sit
still. A dozen times at least he paced
his cell, finally throwing himself face
downward upon his cot, where he re-
mained but a few minutes when he
arose and again began the walk up and
down the length of the narrow room.
Hour after hour this continued,
and when few minutes before mid
night he was informed that the jury
had not reached a verdict, he threw
himself upon the cot and mumbled
that he wished to be let alone
1t was after o'clock when Judge
Prewett finished his charge to the
jury. The major portion of the day
was taken UP by Attorney General
Webb in answering the final argu-
ments of the defense. He said in clos
ing:
1T is sad matter to find a fellow
man guilty of murder, but crime must
be restrained. This crime was a dark
and damnable one. and the terrible
deed was committed by the defendant
Adolph Weber. Bring in the verdict
in accordance with the facts that have
been presented to you. Bring in the
verdict as jurymen. You are not
only responsible to yourselves, but you
are responsible to God for your ac-
tion."
When Judge Prewett directed
Under Sheriff May to take charge of
the jury one Of Webers attorneys OBJ
jected. He declared that he would
not give his consent to such a pro-
ceeding. He made his protest so
strong that Judge Prewett dismissed
May and turned the jury over to the
care of another officer Of the court
instructing that official that IL the
jury had not reached verdict by
1880 he was to lock the twelve men
up for the night.