The San Francisco call., 1906-04-06
Jury Stands Six to
Six After Long
Parleying.
AS Verdict Is ImpOssi-
bic Judge Harris
Discharges 1t.
Brown Says Alleged AssaH-
ant Of Dorothy Olsen
viii Be Tried Again.

OAKLAND, April 5.-The second trial
Of Lester McNulty, charged with assault
ing Dorothy Olsen in Berkeley. has ended
in another disagreement When dis
charged at Il o'clock tonight the jury
stood six for conviction and six for ac-
quittaL
This means a third trial OF McNulty for
the offense he is charged with.
The following Jurors voted for convic-
tfon throughout: T. Z. Walcott. W. H.
Shreve. Z. Pronzini. ". P. Nutting. John
Hart.
Juror z. Aiinot voted guilty on all ex7
cept one baHot-
Jurors Frederick Russ. L. H CIawiter,
Norris Isaacs. Fred Tuechers Charles
Beze and r Rowe voted for acquittal.
Upon one ballot one juror cast his
vote for aceuittal. making seven for
accuittal and i've for conviction, but he
I. srterward went back TO his original
staud aud voted for conviction.
JURY STASDs SIX TO SIX
TIE first ballot cast was six for ac-
quittal. FIVE for conviction and one
blank. Upon the next ballot however
the true standing Of the men was
shown, the votes being six for convic-
tion and six for acquittal. and it stood
this way afterward throughout the de-
Iiberations. with the exception of one
ballot.
The final argument was concluded by
Attorney Everett Brown at II O'Clock,
ard after a short recess Judge Harris be-
gan The reading OF the instructions. He
finished at 1875 and the jury was then or
At 1 O'Clock lunch was taken TO the
Jurors. At o'clock Judge Harris started
10 90 home for dinner and left word that
he would return at O'Clock, but prior
70 going he sent word and asked the
Jurors if they had arrived at a verdict,
70 which they replied in the negative.
The jury was called in at 1915 o'clock
tonight and each juror was asked
whether ne believed a verdict could be
reached and he answered that he thought
It impossible 10 agree Upon this show
ing Judge Harris said he believed that
there was little else 70 be done in the mat
ter, and thanking them for their attention
discharged them.
WILL BE TRIED AGAIN.
This is the second disagreement in the
trial Of McNulty upon the charge made
against him, the first trial resulting in
the jury standing seven for acauittal and
I've for conviction. The result of the
trials. however, is not such as would
warrant the dismissal of the complaint,
according 10 Deputy District Attorney
. Brown. When the case IS called next
~Aondsy morning 1t viii be again set
down for an early hearing.
The courtroom was packed this morn
ing at the conclusion of the case, the
crowd filing all Of the available space
ard being the largest that has attended
the trial u q criminal case in the history
OF the county. The case has occupied
seventeen days in actual trial-and has
spread over four weeks
The crime for which McNuIty was
placed On trial is alleged to have been
committed on the night OF November
last, when, Miss Olsen states. he overlook
her at the corner OF Stuart street and
Telegraph avenue Berkeley, as she was
going home after leaving a car, and
threw her On a lawn IN front Of the house
81 the street corner, and that only her
cries and struggles prevented him from
accomplishing q dastsrdly act. She ad-
rnits having taken $500 afterward from
the McNulty family 10 hush the scandal,
bUt returned il.