Los Angeles herald., 1909-09-04
FORMER
Chief IS
ANXIOUS
Jury in BrOadhead Case
Unable to Agree
AFTER SIX HOURS DELIBERA-
TON, JURORS LOCKED UP
DISCUSSION WILL BE RESUMED
THIS MORNING
Attorney for Prosecution Makes Mas
terful Argument In Conclusion and
CIinches His Deductions in
Forcefu Manner
DISCUSSION WILL BE RESUMED
THIS MORNING

A FTER celebrating for six hours,
IA the jury in the case of Thomas
"A H. Broadhead, on trial on
charge of accepting hribe from Mich
olas d. Oswald in connection with the
redlight district. announced there was
no possibility of agreement last night
and was locked UP after being provid-
ed with cots. Discussion will be re-
sumed this morning.
The case was given to the jury at
4:45 o'clock yesterday afternoon. AT
$40 o'clock the jury was taken to din
per by the bailiff. f. 2. oliver, return
ing at o'clock. Thereafter no Sign
was given until $40 o'clock last even
ing. when the foreman raped on the
door and asked the bailiff to transfer
the jury to the jury room of depart
ment IL on the plea the jury room or
department IL was full of tobacco
smoke. The transfer was made.
The jurymen as they passed the
doorway to the stairs leading to the
Jury room OF department II showed no
signs; of heated argument nor of in
decision Each appeared serenely sat
isfied with whatever conclusion he had
reached.
AT 1850 o'clock Bailiff oliver brought
word to Judge Davis the jury was
efforts to reach an agreement and the
order for locking up was given, with
announcement that the court would be
, ready to receive a verdict, in case 1t is
ready, at $3.50 o'clock this morning.
Appel Resumes Argument
At the opening of proceedings yes
terday morning Attorney Horace h.
Appel resumed his argument to the
jury. For ten minutes he uttered his
pIaint against the putting of his
phrases in public print, with descrip-
ton OF his antics before jury. and
then. declaring the unusual doings OF
Broadhead, Quint and others in the
case to be natural in their unusual
ness, he went on:
Did you ever find two individuals on
the face of the earth who acted alike?
Thered be nothin' interestin' in hui
manity if there We're Mr.. Ford says
this man acted suspiciouSly because he
did differently from what you would
have done He made engagements with
his wife, and kept them, instead of
going and making the payments him
self. ] have made engagements with
my wife, and not kept them. l would
have more hair on my head if l had.
He has very little hair on his head.
Are you going to send him to the peni-
tentiary because he has no hair?''
Though Appel, with the consent of
his associates, took more than three
fourths of the time allotted to the de-
fense for argument, he stopped in time
to allow j. w. Mckinley to say few
words.
Mckinley made an earnest and dig
nified address to the jury. He declared
the evidence in the case to be abund-
ant but of poor quality, and proceeded
to criticise the character of that evil
dence. He made no effort to amuse the
jury, nor to bewilder it by strange
sounds and antics, nor by volume of
noise.
Talks of Libel Suit
His theory of the case was that Earl,
seeking defense against the libel suits
brought against him. found Oswald
ready to fabricate evidence.
"There is nothing newspaper men
dread like libel suits" he declared.
"The devils reputed dislike of holy
water is nothing in comparison. l do
not say that Earl knew the story Os-
valid offered to sell was false, but do
say his chief anxiety was about these
libel suits
"All the evidences of patchwork arc
visible in this story, in which the de-
fendant, Broadhead, does not appear
till it is more than half DONE and then
seems to be dragged in bodily, or, we
might say, stuck in One would have
supposed that it was Harper, Kern
not Broadhead.''
Somehow, however, Mckinley APP
peared unconsciously to associate his
client with the redlight chief, so close
ly he failed to differentiate between
them. Twice he said "Broadhead'
when. apparently, he had meant to
say Oswald"
"If you don't believe Broadhead.
there's no connection of this defendant
with Kern and Harper" he declared
solemnly. And. again: mo ones tes-
timony even pretends to connect the
defendant with the alleged conspiracy
except Broadhead's."
J. ID. Fredericks. district attorney,
was the surprise of the day. at least
to many. His address to the jury, two
hours long, was judged to be a truly
mastery argument.
Tells of Conspiracy
ono conspiracy? When Fleming told
Harper and Kern that Savage had gone
tonight. and the brick cribs must goI
tomorrow: they, who had given him
every aid to close Savage told him he
was getting too 'long-haired.'
mo conspiracy? When Schenck told
Fleming, at Levys; There is money
in that proposition east OF Alameda,
GContmued on Page six)