The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-21
HENFY INSISTS
He CAN PROVE
BRIBERY CASE
Prosecutor Will Appear Before
Judge LawIOr Today Ready
For a New Trial
Calhoun Gives Out Statement
Admitting Disappointment
Over Situation

made Of the case of the People VS..
Calhoun at 10 o'clock this morning.
Parting Words TO Jurors
Disappointing, however. as was the
outcome Of the case. the morning was
crowded with incidents which made the
session one of the most memorable in
the trial
IN his parting words to the jury
Judge Lzwlor took occasion to de-
nounce system of criminal juris-
prudence under which three months
could be consumed in the selection Of a
jury: an attorney for the defense, Earl
Rogers. was summoned to the judges
chambers to explain remarks he was
reported 10 have made derogatory to
the court and was instructed to appear
in court this morning; the defendant
issued a statement in which he bitterly
attacked the principal members OF the
graft prosecution. and, finally, Heney,
undaunted by the outcome OF the hard
fought battle. announced that he would
try the defendant again and was ready
10 proceed at once.
Defense Somewhat Cheered
Cheered to some extent by the fact
that the final ballot cast by the jury
showed 10 Of the jurors in favor of
acquittal and two for conviction. the
defense late in the day construed the
disagreement Of the jury as a partial
victory, and expressed the belief that
the railroad magnate would not be
tried again. The hope, however, seems
doomed in view Of the determine ton Of
the prosecution to take up the fight
again.
A large crowd gathered in front of
Carpenters hall yesterday morning
long before noon. and the squad of
policemen were kept busy keeping the
curious from rushing into the building
The defendant arrived early, accompa-
MED by his wife and two daughters and
Alexander King, his former law part
ner. He Immediately took his accus-
toned seat, and within a short time
was Joined by A a Moore, Stanley
Moore, Lewis Byington, Earl Rogers, J.
}. BARNETT. Thornwall Mutually. Luther
Brown and others of his retinue
Defendant Seems Anxious
John O'Gara. assistant district attor-
ney. was the first representative of the
prosecution to appear. and he took his
place a few minutes before u o'clock
The courtroom was crowded by this
time. and the audience INDUCED in
sPeculations as to the probable out
come. Almost on the hour Heney. ac-
companied by Rudolph SpreekeIs and
DR.. Beasley. walked down the aisle and
took his seat He seemed tired as the
result Of his two days talk to the Jury
Judge Lawlor assembled the bench and
Immediately word was sent TO the Jury
room A few minutes later the - men
filed into the room and took their
places in the box
The defendant and his counsel peered
anxiously into the faces of the men who
held his liberty in their hands. Calhoun
exhibited more nervousness than at any
time during the trial. Heney looked
steadily at the jury, but his expression
did not change in the slightest degree.
No Agreement Reached
Make the usual inquiry. Mr.. Clerk
directed the court, and the formal cues
ton as to whether or not an agreement
had been reached was asked.
We have not, your honor" replied
Foreman Gillespie
The hona haf .-o~7go4
reached was shattered.
Judge Lawlor then stated 10 the jury
that he had been Informed bv the
sheriff on Saturday night that although
the jury was divided there still re-
NAMED hope that they would eventu-
ally agree. He then asked what the
outlook was.
Gillespie arose and amid absolute 81
lence said: 1T is without hope your
honor. There is no possibility of reach
ng a verdict"
Jurymen Are POIIed
The court directed that the Jury be
polled on the question of the possibility
OF agreeing. Each of the II men an
swered that he considered the situa-
ton hopeless
Judge Lawlor then read the sections
Of the code governing the dismissal
OF Juries in cases of failure to agree.
and asked opposing counsel to make
suggestions
Under the circumstances. your
honor said Heney. in quiet tone,
the jurors having been here for FIVE
months, IT seems TO me that they have
performed their full duty, and there
being no possibility of an agreement,
according TO the statements OF the
jurors themselves. l think they should
be discharged"
For the defense, Stanley Moore said
that he believed the matter OF dis
missing the jury was largely discre-
tionary with the court, and added that
the defendant would willingly abide by
any decision which might be rendered.
Judge Dismisses Jury
The judge then turned to the Jury
and formally dismissed it, after which
he took occasion TO express his views
regarding the difnculties under which