Los Angeles herald., 1909-06-20
CALHOUN JURY
FAILS TO GET
GRAFT VERDICT
COURT ORDERS TRIBUNAL DIS
MISSED UNTIL NOON TODAY
HEAD OF UNITED RAILROADS Ex-
PEcTs TO BE FREED
Crowds fingered in Carpenters Hall
in San Francisco Up to Midnight,
When Judge Announced
Decision
(Ry Associated press.I


N AN FRANCISCO, June 19.-E1even
N hours of deliberation had not suf-
~ feed for the jury in the case of
Patrick Calhoun, president of the
United Railroads, to arrive at a de-
cision on the issues submitted during
the trial on an indictment charging
bribery.
Midnight was approaching, a long
afternoon and evening of expectation
had transpired, and the principals In
the long trial were dropping with ex-
haustion when Judge William p. Law
lor terminated the vigil with an order
dismissing the jury for the night and
ordering resumption of the proceedings
at noon tomorrow.
Men and women who had sat in their
places since Assistant District Attor-
ney Heney began the closing INSTALL
ment of his address at 9 o'clock this
morning. broke all records in clearing
the court room, after it became ap-
parent that the night would bring forth
no verdict and the jurors, under escort
Of the two deputy sheriffs today
sworn in as their guardians, departed
for their quarters at the st. Francis
hotel.
Judge Lawlor's failure to order Mr.,
Calhoun into custody when the jury
retired shortly before noon today was
a subject of comment up to the hour
of adjournment tonight, when the
judge said:
Calhoun Subject to Call
"I have instructed the defendants
attorneys to have him in cou It when
ever the court is in session. have
pursued this course because ! believe
the procedure meets with all the re-
quirements."
ffrx,. tgNsc fANTn no
licemen are made on duty all night at
Carpenters hall, where the court room
is located.
1t was day and night Of antisipa-
tion. The attorneys and spectators.
when the tension of the first nour's
waiting had relaxed, scattered into
groups, moving from court room to
the sidewalk, and from sidewalk TO
court room.
The night session was in some re-
spects the most trying ordeal. The
auditorium was filed before any OF the
principals returned, the jurors retdrn-
ing to their quarters by rear entrance
that shielded them from general OBJ
servation.
The crowds of the daylight hours had
melted away, and the lamps of dozen
automobiles that stood before the hall
disclosed scarcely a hundred persons
who kept the vigil from neighboring
men had with difficulty kept open a
passageway during the earlier hours of
the day.
Retainers of prosecution and defense
were largely in evidence outside the
building, and many a futile specula-
.tion marked the evenings debate.
Policemen in Plenty
Policemen stood in the shadows that
led to the upper floor where jurors in
dulged in graver discussion, and no
person was permitted to approach any
spot that even commanded view Of
the jury rooms.
Patrick Calhoun, sitting in his ac-
customed place, at his attorneys table,
for a time regarded the rows of specta-
tors without exchanging a remark with
any of his associates.
Later, however, he engaged in ami
mated conversation with Stanley
Moore, w. M. Abbott and Thornwell
Mullaly, and several times the de-
fendant laughed heartily at some re-
mark by one of the little group.
Meanwhile the two older daughters
of Mr.. Calhoun chatted with friends
in the corner nearest their fathers
seat, and his young son, whose first
appearance in the court room was of
recent date, viewed the proceedings
with anxious expression.
On the outside of the room, chatting
with Assistant District Attorney
John O'Gara and surrounded by agents
of the district attorneys office, was
Rudolph Spreckels, whose private sub
scriptions to the cause of the graft
prosecution made one of the important
issues of the trial.
Not alone, because of the exceeding
bitterness that has marked many of
it's stages but because of its length,
has the Calhoun trial been notable
one in western history. Between Janu-
ary 12. 1909, when the attempt to Sc
cure the first juryman was instituted
and today, when the case was given
to the twelve men finally selected. fve
months and a week elapsed and loo
DAYS had intervened. OF this period
ITO days had been devoted to court
sessions. In this respect the case OUT
stripped every record established in the
record of Abraham Ruef, who was
convicted after seventy-six days de-
voted to actual procedure.
A thirteenth juror Michael Murphy.
was added to the regular panel 2f
twelve by order of Judge Lawlor, with
the expectation that his services might
be required by emergency. The three
months and two days were necessary
to qualify the thirteen jurors. OF the
231O citizens summoned by the sheriff,
1929 were actually subjected to interro-
CATION by the attorneys in the case.
Peremptory challenges were first ex-
ercised on March 9, and since that date
six members of the jury have been in
custody of court bailiff, residing at
the st. Francis hotel. Four other mem
bers of the panel have been separated
from their families and business af-
fairs since March 81 and the others
since April IA. when the thirteenth was
qualified. The typewritten record of
the case amounted to 2,500.000 words
when the jury was completed. Judge.
attorneys and witnesses have added
another million and three-quarters to
the bulky transcript since that time,
making a total of 4,250,000 words.
Cost Is Tremendous
The cost of the trial, including the
maintenance of jurors, a special po-
lice detail, transcript and the usual
expenses of the court for the period
Continued ON Page FOurl