The San Francisco call., 1908-05-22

eLaNeulSuL ColCeiAlHS NA-S 90e@--~
II was 4:sO o'clock in the afternoon.
50 hours from the time il had been or
dered out and after a long day OF
fruitless argument, that the jury asked
10 be ordered into court Since
o'clock in the morning the II men had
joining Judge Doolings court while
the courtroom was crowded with a
throng as large as 1t could accommo-
date II was a dreary wait. and there
was not q single incident of note TO
vary the mOnOtOny during the morn
ing.
At noon came the first interruption.
Judge DOOling sent word TO the jurors
that he was ready TO have them taken
TO lunch at any time they wished to
go A bailiff conferred with them for
a moment and received startling an
I'VE don't want to go to lunch. We
are going to stay here until we finish
this up"
So the jury stayed and everybody
else took a recess. firmly believing that
the end was near and that the message
from the jury room meant that YER
dict was near at hand. At ? O'Clock,
when court reconvened, the jury was
still out and still failed to give sign.
Ruef sat indolently near the desk OF
his attorneys, reading a French novel
tDaudet's ia Belle Nivernaise"), and
seemingly taking but little interest IN
the outcome. Only when KNOCK came
on the door of the jury room did he
that corner Of the rOOms and at such
times his anxiety was apparent. Near
him sat his father, who remained in
the courtroom all day.
1t was Just 4:3O o'clock when the last
knock sounded from the inside of the
jury room door. and the flying about
OF bailiffs announced that some move
was TO be made A few minutes later
the announcement was given out that
the jury would shortly go to dinner
and would return at $50 o'clock in the
rr.A to r1a En
courtroom. and when the door opened
a few minutes later the room was al
most empty, save for court attaches,
attorneys and newspapermen. The ruse
had been such success that several of
the parties in interest were led astray
by the report, and both Langdon and
Special Agent Burns were late in ar
When the jury filed into the box
there was nothing in the expression Of
the members faces to tell how the vote
stood. The roll was called and Fore
man Penny announced that the jury
had been unable to reach a verdict be
lieved it impossible to agree and asked
TO be excused. one by one Judge
Do0ling questioned each member of the
Jury and received from each an as
surance that an agreement was abso-
lutely hopeless. He thanked the Jurors
for their work, told them that under
the circumstances he believed their
request TO be discharged should be
hOnored and was about to order the
discharge when Foreman Penny asked
10 make supplementary statement.
REPORTS INCIDENT
In view of our instructions, your
honor" he stated, I feel that l should
report an incident which occurred this
morning while we were on our way
10 court As we We're passing the
corner of Golden Gate avenue and
Leavenworth street two men in a bug
gy passed US and one Of them called
out, loud enough TO be heard by all
OF Us, Don't convict my friend, Ruef'
The man was Or. Edward Creely, a
veterinary surgeon"
Juror Edwin Mohrig substantiated
Penny's statement and added that he
believed that Greedy, whom he knows
personally, had intended the remark
Tor him alone and had made il thought
lessly and without intention of at
tempting 10 influence the jurors. Judge
Dooling declared that the incident
could not be passed over without at
tention, and Assistant District Attor-
ney Heney said that he would file an
afndavit early this morning citing
Greedy TO appear in court at 10 o'clock
and show cause why he should not be
punished for contempt of court. This
was agreed upon ana the jury was ais.
missed. 81
Tne deadlock in the Ruef jury room.
according TO the jurors, was absolute
from the outset and never was there
any hope OF an agreement Thirteen
times the ballot was cast and lin each
instance the result was the same as in
issues were swept aside in the main
bone Of contention h-nging on the cred
lbility Of the witnesses who testified
against Ruef. Six Of the jurors ac-
cepted their testimony as the truth
and six refused TO believe them. over
this they fought back and forth. 1t
was in vain that they attempted to ar
rive at an understanding. The issue
was plain and the opinions firm and
fixed.
Those who held out for a conviction
maintained the supervisors were telling
the truth, holding that no man would
le TO his own shame and dishonor.
Ihose VINO were for an acQuittal held
that no man should be sent to the peni-
tentiary on the testimony of men who
did not hesitate TO commit the crimes to
which the boodlinB supervisors con-
fessed-
Thus it stood Atone stage of the
proceedings II was decided TO endeaVor
10 come TO an agreement on the testi-
mony Of Jennings Phillips and that was
demanded. After wading through it
the six for acquittal refused to come
around, stating that the testimony OF
Phillips placed the proving of the CRIME
on Gallagher and Gallagher they did
not believe.
Yesterday morning the faint hope of
an agreement was almost entirely ex-
tinguished- Seeing the state of affairs
the six jurors who had been fighting
for conviction came out emphatically
with the proposition that the votes
should go on record. They wished the
public to know the exact situation and
the names OF those who voted for and
against a conviction.
MADE VOTE PUBLIC
In accordance with this stand. Fore
man Penny made public the voting and
the discussions In the jury room. After