Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-06-21
JURY.
UNABLE To
AGREE
MISTRIAL ENDS LONG
DRAWN OUT BRIBERY CASE
Ten Men Stand For AcquittaI,
While Two Are UnaIterabIy
Convinced Of Defendants
Guilt,

Guilt
! ny Morning Journal spechI Leased wireI
SAN Francisco, June 20--Termn-
ating in Il disagreement Of the jury,
E with ten men determined on aequital
and two steadfastly resolved upon
: conviction, the trial of President Pat
rick Calhoun, Of the United Railroads,
came to an cnd at noon today. Five
months and week had transpired
since the wealthy street ear magnatc.
a descendant Of John c. Calhoun Of
south Carolina made his first appear
ance in court to answer To the charge
oi offering bribe of $4,000 to a su-
pctvsor to obtain a privilege for lis
corporation and a period Of "A hours
had been consumed in frutlcss dcllb-
Grafton
Not until each juror had pronounce
ed hopeless the prospect OF verdict
was the order for their liberation
made by Judge William H. LAWYER
| Prosecution ana defense gave assent
to the discharge and the proceeding5
without parallel in the history OF
western litigation, tor many year.
ended quietly and without dcmonstra-
ton. The court room in Carpenters
nan was well fillcd, but the sudden
climax did not permit of an attend
ance gathered frop far and near. such
as characterized the five days OF ar
ON a
Tho defendant ana his attorneys, as
wen as the chief officers Of the pro-
cution refranod from comment up
on the disagreement when it was re-
onded and quickly left the court
fc en-
only five ballots were taken, as il
q, vt loped Three were within the
inst few hours Upon the first vote
Tai tnrv stood eight for acuutlf nitd
iout for conviction Two OF the four
Joined the majority upon the second
ballot ana one Of tho remaining two
a. nounced his determination to re-
cain out month If necessary
Noon was the hour fixed for the
jurN's appearance IN court ana all the
were in their places when
the session convened Judge Lawler
announced that he asccrtalncd, before
coming to court that TIE jury APP
peared 10 be hopclesslN divided. Ask
'd by the court If there was any hope
If "A verdict each juror replied no"
rs his name was called
After ordering the discharge OF the
ury, Judge Tawlcr drew his chair 10
he edge of the platform nearest the
urN box and addressed to the twelve
nen some informal remarks. critics.
ne severely the laws and usagcs that
made possible the expense of three
months in the impannellng of a Jury
nd congratulating and thanking them
pon their worth as citizens. He de-
Jared that the courts were atterly
Ielpless to prevent such occurrances
nd recommended thnt the legislature
e Influenced by the people to make
lterations in the laws that governed
ourt procedure regulating the i'm
of iurics Under the order
I the court the attorneys viii be
Npectcd To fix a date for another trial
pon the same indictment at tomor-
oW morning session Of court
II am ready to try this case and
All go ahead tomorrow if ncccs-
TN' said Mr Honey an hour after
ic adjournment.
In a long statement issued by Mr..
alhoun tonight he said.
"Of course I am disappointed at the
ilnrc of the iury TO acquit me of the
ljust charges which have been
'fught against me. | should have
Sed my ,indication by the jury to-
ave been absolute And vet. when
J circumstances arc considered. the
ct that ten members of the Jury
ere in favor of acauital, IL must be
cogniled that / have won "A vic
iN. u demonstrates that my trial
is most unfair, unparalleled in the
mails of American Jurisprudence
ic Judge was hostile, the assistant
strict attorney bribcd aud the adj
nistration OF the criminal law of
Is state disgraccd. | propose at the
opcr time aud in proper manner
submit formal charges against AS
tant District Attorney Francis ].
'nrN for receiving brbcs as a pub
officer and again Rudolph Spreck-
and James u. Pheian. who financ-
tho prosecution for having paid
n'
p" ''''lnS nus l'nidlkS 10 the jury
cor to their discharge Judge Law
paid attention 10 the length of
De- required To secure a jury in this
e." ic said in part
There is another thing think
ors ought To keep IN mind. be-
ise the subject is becoming serious
, it is that the hardship does not
Sc so much from the necessity
ffh tho law ta.nupfy.a
l Doe withdrawn from their ac-
tiles and kept In confinement, but
is the extraordinary duration of
icial proceedings The courts are
erly helpless to obviate that great
, growing evil