The San Francisco call., 1908-05-20
Corridor Rumor Says Nine
Are for Conviction and
Three for Acquittal
Foreman Penny Declares Belief
That Twelve Will Never
Reach Verdict
Question of Aeoomplices Is Rock
Upon WhichsMen Are Said
to Have Split

OF whether or not All Inc WITNESSES
in the case were accomphces, report
ed at 1885 o'clock last night that
they were unable to agree on ver-
dict. Foreman Isaac Penny stated to
Judge Dooling that it seemed impos-
sible for them to agree on the ques-
ton of the guilt or innocence OF the
man on trial.
It was rumored about the court
room that the jury stood nine tor
conviction and three for acquittal-
Judge DooIing questioned Foreman
Penny at length in an effort TO see If
il were not possible that verdict
might be reached. Finally Penny sug-
gested that the instructions OF the
court, particularly those referring to
the scope Of the word accomplice. and
the testimony of Andy Wilson be given
10 the jury for its scrutiny.
Judge DooIing at 1850 o'clock ad-
vised the jury to have a peaceful sleep
and attack the problems Of the case
tomorrow morning. He instructed them
10 come into court at o'clock this
morning. when he will have the in
struetions in such shape that they can
De used by the jury. The jury was
locked UP at the St Francis
RUEF's FOLLOWERS WAIT
The crowd that sat in the courtroom
during the day session was augmented
al night and Ruet was surrounded by
many of his followers. Langdon, Heney
and Burns represented the prosecution
From the statement OF Foreman Pen
ny il seems impossible that a verdict
can be reached, some OF US give no
credence 10 any witness that was on the
stand here. 1 don't see how we. as a
jury can return q verdict he said
Neither Ruef nor any of his attor-
prosecution would discuss the case last
night.
The instructions Of Judge Dooling
dealt at some length on the matter of
accompliceS. He said:
IF you find that Green. Unbsen. Wat
son and Brobeck agreed 10 pay. or
made agreements to pay money for the
purpose OF bribing the supervisors. they
are accomplices OF the defendant. If
the jury find Gallagher was an accom-
plice any evidence given by him cam
not be taken as corroborative. The
law OF this state absolutely prohibits
the conviction or defendant upon the
testimony OF accomphces uncorrobo-
rated by evidence OF others. even IL
7 =
true.
"A person to whom a bribe is offered
is not on that account an accomplice
OF the person who offered the bribe.
TRIAL ENDS BRIsKLY
The closing moments of the long
drawn out trial passed with snap and
vigor. Court, judge and counsel seemed
surcharged with the tension OF the cul-
mination of the six tedious weeks of
strife and sordid revelation OF civic
rottenness.
Judge Dooling's instructions to the
jury took an hour and 20 minutes to
deliver. While they were being read
from the bench there was intense si-
lence IN the room. the calm, even voice
OF the San Benito county jurist being
listened TO with closest attention by the
jury and the principals in the trial
AS soon as court was convened at the
evening session the reading OF the in
| structions was begun. Judge Dooling
in the same dispassionate manner that
has characterized his conduct through
out the trial, read the yoluminous in
structions. which Were fair alike i'm
partially 10 both sides. When he had
concluded for a moment there was not
a sound in the crowded courtroom.
Swear IN four deputy sherifs 10
take charge Of the jury" said the court
10 the clerk This was done.
Gentlemen. I hand you two verdicts
when you have reached conclusion
| on either Of them you viii have your
foreman return them TO the court" said
Judge Dooling.
The jurors fled silently out Of the
box into their chambers. AT each of
| the two doors were posted two depu-
ties.
Ruef threw himself back with a
sigh, spreading his feet far apart. his
arms hanging Imply each side of the
chair. Little knots of people congre-
gated in various parts. OF the small
room to discuss the case The all night
vigil had begun.
HENEY'S BITTER ARGUMENT
! Heney's closing argument at the aft
ernoon session was one of the features
of the trial, being a bitter arraignment
of Ruef as q political boss and a sting
who had aided him In corrupting a en-
tire city government
IF Chapman is to be believed" said
Heney. "Ruef ought to be wearing the
white robes of an angel, and Heney-
why. Heney Is the blackest hearted
scoundrel in San Francisco
But. gentlemen. let me tell YOU, il
/ is mighty diffieult thing to convict q
man who has power and infiuence-and d
money to hire lawyers like Ach Muir
ply and Chapman
The poor man who becomes. an en-
bezzler by stealing So with which 10
play the races. or yields TO other tempt
ations-that poor devil goes over the
road in right short order. But the rich
Ecriminal with vast political bower and
Influence and backed by WEALTH..
that's another story.
But God help us, gentlemen. If our
republican government is TO punish af-
ter that manner
Gentlemen OF the jury don't vo,,
know that the thing that is causing the
most crime in the world TODAY is he
| Continued ON Page ., colums