The Daily Missoulian., 1909-06-21
CALHOUN CASE
HAS SUDDEN
END
BEH
JURY IN FAMOUS TEIAL OF
UNIlED RAILROADS. HEAD
FAILS TO AGREE.
JURORS ARE DISCHARGED

JUhUk9 Ant D|0LHAKdtD
Prosecution of Wealthy Street Car
Maenate for Offering Bribe to
Supervisor Will Be Renewed, After
Almost Half Year of FruitIess
Litigation Defendants Statement
San Francisco. June 20.-Terminat-
ing in a disagreement of the jury, with
10 men determined ON acquittal and
two stead1astly resolved upon convic-
tion, the trial Of President Patrick
Calhoun Of the United Railroads came
to an end at noon today. Five months
and II week had come and gone since
the wealthy street car magnate, a de-
|Scendant of Patrick Henry, made. his
first appearance in court to answer
to the charge of offering a bribe of
ilege for his corporation, and Il period
|Dl ~ HOURS HdQ Deen consumed III
|fruitless deliberation.
Not until each juror had pronounced
las hopeless the prospect of Il verdict
was the order for their liberation made
by Judge William p. Lawlor. Prose
|cuton and defense gave assent to the
discharge, and the proceeding ended
within Il period of Is minutes The
trial, Which will stand on record in
the history of western litigation for
out demonstration. The courtroom in
Carpenters han was Well filed, but
the sudden climax did not permit Of
FAN attendance gathered from far and
|near, such as characterized the five
days Of argument and the vigil Of last
might The defendant and his attor-
|neys, as we'll as the chief officers of
THE prosecution, refrained from COM
|ment upon the disagreement when it
was recorded, and quickly departed
from the courtroom.
But five ballots We're taken, as it
developed, and three Of these We're
within the first few hours after de-
liberation had commenced Upon the
First vote the jury stood eight for
Ecqnittal and four for conviction. Two
|of the latter Joined the majority upon
1.-The second ballot and one of the re-
|maining two announced his dctermi-
nation to remain out a month IL
Noon was the hour fixed for the
tury's appearance in court, and p
IY, Ilai ina a,,
tho session convened. Judge I.awlo,
announced that he asccrlained before
coming to court. that the jury APP
fpeared to be hopelAssly divided. Asked
|hv the court If there were any hope
|of a verdict, each juror replied NO"
|as his name was called.
Laws Criticized
After ordering the discharge Of the
Jury, Judge Lawlor drew his chair to
! he edge of the platform nearest the
fury box and made some formal re-
marks to the jurymen, crticizing Sc
|Ecrely the laws and usages that made
possible the expenditure of three
months in empanelment of Il jury, and
|rongratulating and thanking them
. .lpon their worth as citizens. He de-
Jared that the courts were utterly
. helpless to prevent such occurrences
|end recommended that the legislature
! be influenced by the people to make
alterations in the laws that governed
.aourt procedure regulating the en-
parchment Of juries.
Another Trial.
Under the order of the court, the
attorneys will be expected to fix q
late for another trial upon the same
Indictment at tomorrow mornings ses-
'ion of court.
II am ready to try this case again,
md | will go ahead tomorrow if nee
,ssary," said Mr.. Hcncy an hour after
adjournment.
caIhoun's Statement.
In Il long statement issued by Mr.
Calhoun tonight he said:
"Of course | am disappointed at the
allure of the jury to acquit me of
he unjust charges Which have been
brought against me- l should have
liked my vindication by the jury to
III circumstances are considered from
he fact that 10 members of the jury
we're in favor of acquittal, it must be
recognized that | have won subStan-
ial victory. The record of the case
demonstrates that my trial was most
Enfair-unparalleled in the annals of
American Jurisprudence. The judge
HAS hostile. the assistant district at
orney brbed and the administration
i the criminal law of this state dis
Traced | propose at the proper time
nd in a proper manner to submit
ermer charges against Assistant Dis
rlct Attorney Francis j. Heney for
eceving bribes as public officer
nd against Rudolph Spreckes and
ames d. Phean, who financed the
prosecution, for having paid them.'