The San Francisco call., 1906-11-22
NJ 'NULTY FREE
ATTORNEY SAYS
BRIBERY"
Assistant District Prose
cutor Brown Springs a
Sensation After Verdict
MISS OLSEN LOSES
HARD FOUGHT CASE
Bit Of Politics and Much
Of Wrath Are Aftermath
of Famous Damage Suit

Of Wrath Are Aftermath
Of Famous Damage Suit
OAKLAND. Nov. 2l.-The third
trial Of Lester c. McNulty, charged
with attacking Dorothy Olsen. ended
tonight II Judge Hsrgis' court by the
scquittal Of McNulty and the acusa-
ton by Deputy District Attorney
Everett Brown that attempts had
been made to get money from him
by David w. Swain, foreman Of the
jury, durirg Browns recent campaign
Tor District Attorney and while the
McNulty case was in progress.
Brown further asserted after the yer
dict was given that information had
reached him today that jurors in the
case had been bribed. and he pur-
posed 10 make a thorough inxestiga-
tion in The hope OF uneovering evidence
that would CONFIRM the reports that had
come 10 him
When the jury reported al 7.30
o'clock this evening. after being out
since 40 o'clock this afternoon for
msiities were quickly dispensed with
and the verdict mot guilty rendered.
When Judge Harris was about to
dischsrEe the jury Brown. who con
Quoted the three trials. rose. his face
shsne with intense excitement. and
said.
7 an ashamed. indeed. 10 be in
court Of Justice and hear such a YER
dict rendered BY twelve men upon such
evidence as there was in this case
I object 70 the District Attorney
making such a spectacle Of himself"
interrupted a L Frick. McNuIty's at
torney
Judge Harris called the attorneys TO
order. and the Jurors started out Of the
box As Brown closed, McNuIty. who
was near him. uttered a vulgar ex-
preston and was brought up with a
quick turn by the angered court official.
who restrained himself and watched
the twelve men he had excoriated as
they were passing from the court
room. II. S. Dryden. one Of the jurors.
stopped as he met Brown and started
70 explain The verdict I don't want
TO talk with you at ali. exclaimed the
Deputy District Attorney.
just then David ". Swain. the fore
man OF the Jury. came within earshot
OF Brown. who turned and said in a
very audible tone
i suppose II had paid you that
$3.50 it would have been different"
Swain. who is retired policeman.
made TO comment. but passed out
Brown. when asked for an explanation
OF his peculiar utteranees. said:
During nay campaign for District
Attorney. and while the McNulty case
was in course Of trial Swain being one
OF the jurors. received a letter from
him demanding $3.50 from me he
agreed in consideration OF the payment
20 deliver the negro vote Of Alameda
County to me I did not answer the
letter. and gave no attention to the
demand Early one morning Swain
was waiting for me near my house.
As soon as was near enough he
asked: How about that $3.50? I re-
piled that he would not get one cent OF
my money
i told him he ought 10 be ashamed
Of himself TO write such a letter to
me when he was q juror in an i'm
portant case such as that was trying.
swain tried 70 apologize. saying. No.
nc. that has nothing TO do with it.
Today information came TO me that
money was used upon certain jurors in
tins case 70 obtain verdict favorable
10 McNuity. I shall begin tomorrow a
vigorous Investigation TO ascertain
whether evidence can be obtained in
proof Of such statements as have been
made 70 me-.
As 70 Browns assertion concerning
the use Of money. McNulty said tonight:
Any information or statement that
may have been secured by Deputy Dis
trIct Attorney Brown that money was
improperly used TO secure my acquittal
IS false and ] VIII heartily welcome
any investigation which he wishes 10
undertake The only money used TO
secure my acquittal was that paid to
nv attorney for his fee
HcNulty's alleged offerse was that
be Lad attacked Miss Olsen on q lawn
near the Marshall residence in Berke-
lev. The girl said she was paid $500
.oct to prosecute but she exposed the
b~iberv bv swearing to complaint
and turning over the gold 10 Justice
Edgar at the preliminary examination
lt Berkeley
The jury Al the third trial was com
,osed Of Benjamin Crandeil,. D. W
swain. eugene Stacker, W ) Dry
IN LANES Davis. John Breen. Andrew
siock. II. +. Harwood. J. 3. Fair. Thorn
= Reese. Chris Cahill. Henry Lehman