The Montgomery advertiser., 1907-11-03
CAFFEY GOES FREE
JURY RETURNED VERDICT OF AC-
 QUITTAL AFTER LONG VIGIL.
Reports Finding That Negro Physician Is Net Guilty To Judge Thomas At 10f30 O'Clock Saturday
 Morning.

Dr. Frank Caffey, the negro physi- elan. was acquitted of the charge of murder yesterday morning by the jury that had had the case under consider ation since 5:30 o'clock Tuesday after noon.
 the Jury announced that verdict had been reached and at II o'clock the court, the defendant, attorneys and a small crowd heard Foreman J. I. Raley report the finding of not guilty. Judge Thomas thanked the jury and one of the most sensational trials in the history of the City Court of Mont gomery was at an end.
 The trial of the caffey case began Monday morning and from then until II o'clock yesterday morning. the jury was kept together under the strict sur- veillance of the court. For five nights the jurors slept on cots in the city court room and twice they reported to Judge Thomas that an agreement would be impossible.
 After the verdict was received, sev- eral of the jurors talked freely of the standing of the vote from the begin- ming of the deliberations. On the first ballot, 1t is said, the jury stood seven for acquittal and five for conviction. There was no change until Wednesday morning. when the ballot showed
 
 viction. Another ballot Wednesday evening resulted in vote of nine for acquittal and three for conviction.
 Thursday morning thes complexion of the standing was materially cnangea when two more jurors came over to the side of those holding out for acauittal, thus making the vote eleven for ac- quittal and one for conviction. From then until yesterday morning the vote stood that way, the twelfth juror being induced finally to vote for ac- quittal S The jury passed resolutions of thanks to Sheriff Hood and his deputies for the courteous treatment which was ae- corded them.
 Besides the charge of murder, there are three indictments against Caffey accusing him of criminal malpractice. The negro doctor is therefore in jail pending the disposal of these cases. Two of the indictments are practically the same but in different form. Hence the three indictments are equivalent only to two. These cases were set for trial last Monday contemporaneously with the murder case but as yet no order has been made in them.
 Caffey's counsel said yesterday that no steps had yet been taken for secur- ing his release on bond, though they expected to have his bail made as soon
  negro's attorneys might plead former Jeopardy for him in the remaining cases.
 For his release caffey will now have to make total ball of $1,300. the sep arate bonds required being $500 in each of two indictments charging crim- inal malpractice. and $500 in an old case in which he is charged with re- ceiving stolen property.
 Mrs. Nj. Johnson and Miss Matte Brown, the principal prosecuting witt nesses against Caffey, are still in jail. being held on indictments of perjury returned by the October grand jury, Their trial Is set for November Il.
 The trial of George Fl. Shreve and Jesse Shreve, under four indictments charging obstruction or justice in con. nection with the flight of the women witnesses, is set for November 16.
 The trial of Rev. A. J. Stokes. the negro preacher. also indicted for ob- structlng justice in the same connec- ton, is set for November IA.
 The jury that tried Caffey was com posed of C. C. Delaney, W. A. Wal ters W. A, Harwell. S. J. Hamm, Charles P. Gunter. M. J. Lawrence. A. F. Duncan, T. fl. vann, A. J. Naftel. J. I. Raley, Jesse M. Jones and Adolph K. Stern.