The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-12-13
ATTORNEY MURPHY
IS FREED BY JURY
District Attorney Langdon Calls
Schlesinger a Cur in His
Argument
Jurors Refuse to Tell How They
Arrived at Their Unex-
pected Verdict
Continued From Page Il

upon sections OF the penal code relating
to the credibility of witnesses, the tes-
tImony of accomplices and the general
consideration of the evidence. The most
lengthy charge read by the court con-
tanned the law in regard to the guilt OF
a man who aids, abets. encourages or
assists in the commission of a crime.
In this charge it was set forth that
any person encouraging the commission
OF crime such as had been committed
by Blake, in an attempt to influence
the vote of Talesman John Martin
Kelly, should be considered guilty. 1t
was similar charge to that given by a
court in the Docia Nolan robbery case.
where a woman had given information
concerning the location of certain valu-
ables in a house, and while she took
no part in the actual robbery, was con-
victed.
Concerning the character of E. A S.
Blakes testimony. the court instructed
the Jurors that his statement upon the
stand, although a convict, must not be
wholly distrusted, although his truth
fulness had been somewhat impeached.
Conduct of Defense
District Attorney Langdon devoted
only d snan portion of his closing ar
gument to the consideration of Muir
phys actions and the attempt of his
counsel to Willy the graft prosecution.
Yesterday Bert Schlesinger dared
tell you, an American jury that Blake
tried to secure an option upon Kelly s
vote that he might sell it to Ruef or to
the graft prosecution. My God, gentle
men, have we come to such a state OF
depravity? Is it possible that a man
dare charge the district attorneys office
with such a despicable' trick? I shall
never forgive Schlesingers nasty in
situations and | wish that lie were
here that I might tell him what a con-
temptible cur | think he is for MAKING
such a nasty statement"
In a brief peroration Langdon asked
that the jury substantiate the charges
made in the indictment and to return a
verdict of guilty as charged
From f:25 until lis O'Clock the jury
deliberated At 1:15 o'clock they asked
to be taken to luncheon. it having been
announced by one of the jurymen that
the opinions existing at that time pre-
cluded any hope of an early verdict.
They were taken to the St. Francis. At
S:15 o'clock the jury returned and spent
FIVE hours in further elaboration.
Judge Murasky had instructed Horace
Jackson. clerk of the court, to inform
the jury that they could go to supper
at any time. Jackson was delivering
the message to the jury at about 3
O'clock. A that time the crowd of
spectators had dwindled to a handful
of men. including Schlesinger. Muir
ply, hfs wife and cousin and several
other attaches of the defense. AS
sistant District Attorney Hoff Cook was
also present To that official 1t appeared
that jackson was overfeachihg himself
in an attempt to hold a short con-
versation with one of the jurors.
One note in his handwriting stated
that he expected disagreement in
favor of a conviction at IL to l or 10
to 2.
Schlesinger talked constantly to his
client. offering every hope. He added
to this offering a bitter denunciation
of the league of justice members pres
ent in the courtroom. and declared to
the group of Murphy followers that
the league of justice would be in ex-
istence about two weeks longer
From the haunts of the Ruef gang
sters came all types of plug uglies,
many of whom found their way into the
courtroom. Men who had been ordered
away from the Ruef trial by the police
after the shooting of Heney We're in
evidence, lined up in front of the court
room entrance. but did not make any
attempt to disturb the proceedings.