Graham guardian., 1908-01-10
ROBT. DANIEL FOUND NOT GUILTY
Jury at Globe Sets Him Free After
PrOtractad DeIibaratiOn, on the
Insanity Plea

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Bob Daniel walked from the
court room yesterday a free man,
the jury which tried him for the
murder Of James G.. Brown on the
afternoon Of June 27, 1907, finding
him mot guilty on account of in.
sanity" Although the general
opinion prevailed that the deliber-
ations of the jury would result in
IL disagreement, the verdict did
not cause much of surprise,
The jury had been in in eontine.
ment few hours less than a
week during the progress of the
trial and their deliberations.
1t was the "unwritten law" that
gave Daniel his freedom, although
the verdict gave insanity as the
reason for the acquittaI, nearly
every member of the jury being
strongly influenced by the story
of Miss Daniel of the insults of
Brown. Before the young lady
was placed on the stand, the terri
tory had made an exceptionally
strong case against the defendant
and her story was the turning
point in the trial. The effect on
the jury of Miss Daniels story,
her emotion when telling it aud
the awful words she wrote on a
slip of paper us those used to her
by the dead man, was lasting.
When the jury took up the de.
liberation of the evidence which
they had listened to for almost u
week, ballot was taken immedi-
ately after the selection OF Forest
j. Kaldenberg as foreman There
were four blank ballots, one for
conviction and seven for acquittaI.
Several additional ballots did not
change the result and then the
jury got down to business With
the foreman acting as chairman,
they went into parliamentary ses-
sion and the case was argued. AL
most every piece Of evidence heard
at the trial was, taken up and
argued. At midnight ballot
showed nine for acquittai and
three blanks. Then several of the
jurors went to bed and the others
remained up arguing until two
o'clock At that time it was
practically certain that an acquit
tai would result.
When the jury arose vote was
taken. There were two blanks in
the count still and the discussion
was reopened, those who were
hanging back fnally joining with
the majority after another ballot.
1t is understood that Jurors Cook,
Mayhem and Livingston were the
three who held out, but on that
point, those Jprors who were in
terrogated refused to talk. 1t is
said that ninc ballots in all were
ttken before there were twelve
votes for acquittal.
One of the jurors stated after
the verdict had been rendered that
there was al no time much likli-
hood of Il Disagreement, the argu
ment of the "unwrltten law" talk
en- in connection with the evidence
Of the doctors who testified that
Daniel was insane at the time, sur.
mounting the cold facts presented
by the prosecution As one juror
put it, II believe that Daniel was
insane when his sister first told
him Of the insults; if he hadn't
been he would have killed toe
man that day y
The Daniel trial will go down
in the criminal history of Gila
county as the most skillfully
handled case in the annals of the
county. The prosecution by Dis
rict Attorney Henry and bis as
sistant, Mr.. Weinberger, covered
every possible point and the de.
fense, which was so ably conduct
ed by Attorney F. G. Jac bs and
Judge A. G. Baker, was really u
great display of legal astuteness
and ability, and it is due to the
manner 10 which they brought out
their evidence in chief, that their
client owes his liberty
Daniel accepted the verdict with
the same stolid manner that has
him since the be
ginning of the triaI. Globe Belt