Los Angeles herald., 1907-10-06
8 VOTE TO
ACQUIT FORD
JURY, NOT ABLE TO AGREE. IS
DISCHARGED
TWELVE MEN IN DEADLOCK AS
TO VERDICT
Judge Excuses Panel and Prosecution
Announces That Defendant viii
Be Retired, Case to Be Heard
October II

~ ttSttiCby Vase 10 DC 7earO
October II
By Associated Press.
SAN FRANCISCO. Oct 5.-The jury
which tried former Attorney General
TREY L. Ford, general counsel for the
United Railroads, on the felony charge
of brfbing Supervisor Thomas F. Loner-
gan in the sum of $4,000 to vote for the
trolley franchise in June OF 1906, voted
eight for acquittal and four for convic-
tion. and at o'clock this afternoon was
discharged by Judge Lawlor after having
been out eighteen hours.
1t is reported that the twelve Jurors
voted as follows:
For acquittal-Edward w. Bender, con-
tractor Qoreman); Niels G. Mortensen,
contractor; Oscar Ferguson, insurance
agent; John Olsen, shipping man: Fred
erick M. Morcom, art dealer; Daniel
Kelly insurance agent; Charles w.
Gould, insurance agent; John Chase, con-
tractor.
For conviction Florence Driscoll.
plumber; Edward w. Strange, jeweler;
Arthur W. Johnson, grocer: George
Gohlder, grocer.
A crowd of about 200 men was as
sembled In Judge Dunne's court room on
the hfrrsstt faoer of the Temple Sheriff.
Israel, temporarily in use on account of
Sabbath services being held in the audi
torium upstairs when the jury was
brought in at 2:30 p. m. Earlier In the
day Foreman Bender, in response to an
inquiry by Judge Lawlor had sent word
that the jury after casting thirty-odd
ballots was hopelessly deadlocked.
Judge Arrives Late
| Judge Lawlor was late in arriving. and
for fifteen minutes the defendant and his
counsel, former District Attorney Bying-
ton; A. A. Moore and his son, Stanley
Moore; Mr.. King. Patrick Calhoun's for
mer law partner in Georgia; r. Porter
Ashe and Earl Rogers sat side by side
with Rudolph Spreckels, District Attor-
ney Langdon and Assistant District At
torney O'Gara scrutinizing minutely the
| impassive faces of the trial twelve.
| Ford appeared only slightly nervous.
His face was flushed and he gazed pierc-
| ingly at one after another Of the men
who held his liberty and his fate in their
hands.
When Judge Lawlor ascended the bench
he opened proceedings briskly. Respond
| ing to the usual query by the clerk Fore
man Bender rose and said that the jury
had not agreed upon verdict. Judge
Lawlor asked whether the disagreement
was upon matters of fact or upon ques-
tions of law.
Upon questions of fact entirely was
the reply. The court asked If the read
ing of any portions of the testimoney
would tend to solve the disputed matters.
| The foreman said he aid MOI think so;
| that the jurors had not changed their
ballots practically at all since the first
w-s cast the night before.
| Judge Lawlor decided nevertheless to
hold the jury and have each man answer
the question he had put to the foreman.
| The question was repeated and each
jurorf as his name was called, answered
clearly and distinctly: mo"
| Both sides consented to the discharge
| of the jury and an order to that effect
was made after the judge had addressed
| to them a few words, congratulating
them upon the patience they had evinced
| and the close attention they had dis
| played throughout the long trial. Fore
| man Bender replying. thanked the court
| for it's constant courtesy shown in the
jury's behai..
The courtroom and corridors were or
| dered cleared so that the twelve might
have free passage to the tally-ho that
| was waiting outside to convey them for
the last of many times to the F'airmont
hotel, thence to depart for their homes
| after securing their personal effects.
Jurors Refuse to Talk
AS the Jurors Lied out of the court
room they waved aside with considerable
vehemence the approaches of newspaper
| men. and 1t was intimated in explanation
| of their refusal to give the names OF the
| eight who voted for acquittal that they
! feared to subject themselves to such
newspaper and other attacks as were
directed against those jurors in the first
| trial of Lewis Glass who voted not
guilty.
| The prosecution announced that Mr..
| Ford would be tried again at once. Judge
Lawlor informed counsel that, the regu-
| lar trial jury box having been exhausted
| in the trial of Ford, he will organize a
| new panel of several hundred talesmen
| to serve for all cases coming before his
department of the court This has the
effect of doing away with the likelihood
| of special venires
| AS Ford is under heavy bonds on the
other indictments returned against him.
he was given .lis freedom and will not be
required to furnish fresh bonds in the
present case until Monday. To that day
| the case was continued to be set for re-
| trial. which, it was agreed, shall begin
Monday. October IA.
No Connecting Link
According to the eight jurors who
voted for acquittal their failure to be
convinced of Fords guilt was due en-
! tirely to the fact that the prosecution
did not put Abe Ruef on the stand as a
witness. as was promised in the open
ing statement.
! This point was the sole topic OF dis
cussion from the beginning to the end
of the jury's deliberations. Little else
was considered. the eight taking the
stand that the main connecting link OF
| the testimony was missing and that.
there was therefore not sufficient testi-
mony to bring in a verdict for con-
viction.
Except for the third and fourth ball
lots when Juror Colder Joined the
ranks of the majority and voted for
acquittal. the four who stood for con-
viction did not waver.
-t>-e-
Forest Fire Under Control