Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-21
CALHOUN'S JURY
DISMISSED; TWO
FOR CONVICTION
TEN MEN CONTINUE FIRMLY
FOR ACQUlTTAL
TRIAL OVER FIVE MONTHS LONG
ENDS UNsATISFACToRlLY
Prosecution and Defense Assent to
Discharge of TaIesmen and Make
No Commemorative Ball
lots Taken
fBx Associated Press.)

(By Associated Press.)
CN AN FRANCISCO, June 20.-Termi-
- mating in a disagreement of the
~ jury, with ten men determined on
acquittal and two steadfastly resolved
on conviction, the trial of President
Patrick Calhoun of the United Rail-
roads, came to an end at noon today
Five months and week had trans
pired since the wealthy street car mag
nate made his first appearance in court
to answer to the charge of offering a
bribe of $4,000 to a supervisor to obtain
privilege for his corporation, and a
period of twenty -four hours had been
consumed in fruitless deliberation.
Not until each juror had pronounced
as hopeless the prospect of a verdict
was the order for their liberation made
by Judge William P. Lawlor.
Prosecution and defense gave assent
to the discharge, and the proceeding
ended within fifteen minutes.
The trial, which will stand as rec
ord in the history of western litiga-
tion for many a year, ended quietly
and without demonstration. The court
room in Carpenters hall was we'll
filled, but the sudden climax did not
permit of the attendance gathered from
far and near, such as characterized
the five days of argument and the
Refrain from Comment
The defendant and his attorneys, as
well as the chief officers of the prose-
cution, refrained from comment upon
the disagreement when it was record
ed and quickly departed from the
court room.
Mr.. Calhoun and his attorneys gath
cred in consultation at the United
Railroad offices in the Balboa build
ing, and Assistant District Attorney
Francis ]. Heney left with Rudolph
Spreekels, the millionaire bank presi-
dent who financed the graft prosecu-
tion.
But five ballots were taken, as it
developed and three of these were
within the first few hours after de-
liberation had commenced.
Upon the first vote the result was
eight for acquittal and four for con-
viction. Michael Mcguire and Peter
Antilles, sr., the oldest members, Joined
the majority on the second ballot, and
thereafter Otto r. Hildebrecht and
Theodore Binner were the only sup
porters of conviction. Hildebrecht it
is said, announced his determination to
remain out a month, if necessary, in
defense of his position, and Binner,
who did not express an opinion upon
the last three ballots, promised to
maintain his attitude until Hildebrecht
arrived at contrary conclusion.
All in Court
Noon was the hour fixed for the
jury's appearance in court, and all the
principals were in their places when
the session convened. Judge Lawlor
announced he has ascertained, before
coming to court that the jury appeared
to be hopelessly divided.
81 do not wish to infiict an unneces-
sary hardship upon citizens who al
ready have been separated from their
families and business affairs for many
weeks" said the court, "and / shall
ask the members of the jury to express
a formal opinion upon the possibility
of their arriving at a conclusion"
Intense silence prevailed as the clerk
called the name of each juror, and
when the last man had voted mo-" in
response to the inquiry, it was seen
that the case had resulted in a disa-
greement.
Mr.. Heney. who was first invited to
express an opinion upon the prospect
of discharge, was wearied in manner
and so hoarse that his words were
scarcely audible when he replied:
'In view of the fact that these jurors
have been deprived of their liberty for
three months, it seems apparent that
they have fulfilled their duty. l be-
lieve they should be discharged
Leaves 1t with Court
Stanley Moore, who was selected
from the six attorneys for the defend
ant to represent his side, refused to
commit the defendant on the proposal,
saying:
i"Well, so far as we are concerned,
we are willing to consent to any
course that the court deems proper
under the circumstances"
After ordering the discharge of the
Jury Judge Lawlor drew his chair to
ha 1af fIf
Jury box and addressed to the twelve
men some informal remarks, criticis-
ing severely the laws and usages that
made possible the expenditure of three
months in the impeachment of a jury
and congratulating and thanking them
upon their worth as citizens.
He declared the courts were utterly
helpless to prevent such occurrences
and recommended that the Legislature
be Influenced by the people to make al
terations in the laws that governed
cohrt procedure.
Under the order of the court the at
torneys will be expected to fix date
for another trial upon the same in
dictment ar tomorrow mornings ses-
sion of court
81 am ready to try this case again,
and I will go ahead tomorrow if neces-
sary." said Heney an hour after the
adjournment
Rogers Must Explain
Late today it was announced that
Earl Rogers of Los Angeles, one of
Calhoun's attorneys had been request
ed to appear in court tomorrow and
make satisfactory explanation of a
statement relating to the courts policy
which he was reported to have made
while leaving the building after the
Jury had been discharged.
Judge Lawlor refused to discuss the
incident although he and Mr.. Rogers
were closeted in the judicial chambers
for some time.
Mr. Rogers denied he had INDUCED
in any criticism of the courts action,
hut admitted that request for his
appearance had been made.
In a long statement issued by Cal
houn tonight he said
"Of course l am disappointed at the
failure of the jury to acquit me of the
unjust charges that have been brought
(Continued ON PaKe Tw0l