Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-06-21
CALHOUN JURY DISAGREES
Traction Magnate, Accused of Brib-
cry, Must Be Tried Again.
ACCUSES HENEY OF CORRUPTION
Defendant Says He VIII File Crimi-
nal Charges Against His Prose-
cutOr-AlsO Against Messrs.
SpFeckeIs and PheIan.

SAN FRANCISCO, June 20.-Terminating
in disagreement of the jury, with ten
men determined on acquittal and two
steadfastly resolved upon conviction, the
trial of President Patrick Calhoun of the
United Railroads ended at noon today.
Five months and week had transpired
since the wealthy street car magnate, a
descendant of Patrick Henry and of John
c. Calhoun, made his first appearance in
court to answer to the charge of offering
a bribe of $4,000 to a supervisor to obtain
a privilege for his corporation.
Not until each jurer had pronounced as
hopeless the pros se8t of verdict was
the order for thei- liberation made by
Judge Lawlor, the prosecu1on and defense
giving assent TO the discharge.
The trial ended quietly and without
demonstration. The court room was well
filled, but the sudden climax did not per-
NIT of an attendance gathered from far
and near such as characterized the five
days of argument and the vigil of last
night The defendant and his attorneys,
as well as the chief of the prosecution,
refrained from comment upon the disagree
ment when It was recorded and quickly
departed from the court rom.
But five ballots were taken, three Of
these shortly after the jury retired. Upon
the first vote the jury stood eight for ac-
quittal and four for conviction. Two Of
the four Joined the majority upon the sec
ond ballot and one of the remaining two
announced his determination to remain out
month If necessary.
Court Scores Procedure.
Judge Lawlor announced that he had as
certained before coming to court. that the
jury appeared to be hopelessly divided.
After ordering the discharge of the jury,
Judg Lawlor drew his chair to the edge of
the platform nearest the jury box, and ad-
dressed to the twelve men some informal
remarks.
He criticised the laws and usages that
made possible the expense Of three months
procedure in empanening a jury, and
thanked them upon their worth as citi-
zens. He declared the courts were utterly
helpless to prevent such occurrences, and
recommended that the legislature be in
fluenced by the people to change the laws
that govern court procedure.
The attorneys will be expected to fix
date for another trial upon the same
indictment at tomorrow mornings session
of court.
II am ready TO try this case again. and
will go ahead tomorrow IL necessary"
said Mr.. Heney an hour after the adjourn
ment
Mr.. Calhoun tonight said:
"Of course, l am disappointed at the
failure of the jury to acquit me of the
unjust charges against me- I would have
liked my vindcation by the jury to have
been absolute"
Says Heney Was Bribed.
Mr.. Calhoun continued:
THE Judge was hostile, the assistant dis
trict attorney bribed, and the administra-
tion of, the criminal law Of this state dis
graced. / propose at the proper time, and
in a proper manner, to submit formal
charges against Assistant District Attor-
ney Francis ]. Heney for receiving bribes
as a public officer, and against Rudolph
Spreckels and James d. Phelan, who fl
nanced the prosecution, for having paid
them"