The Holbrook news., 1909-06-25
TWO FOR CONVICTION AND TEN CON-
 TINUE FIRMLY FOR ACQUITTAL
Trial of Five Months Duration Ends Unsatisfac- oriy-Prosecution and Defense Assent to
 Discharge of Jury; Five Ballots Taken

ana two SteaQ1aStly reSOlVeQ on con-
 viction, the trial of President Patrick
 Calhoun of the United Railroads, came
 to an end at noon today
 Five months and a week had trans pired since the wealthy street car mag nate made. his first appearance in court to answer to the charge of offer ing bribe of $4000 to supervisor to obtain a privilege for his corporation, and period of twenty-four hours had been consumed in fruitless delibera- tion.
 Not until each juror had pronounced as hopeless the prospect of verdict was the order for their liberation made by Judge William P. Lawlor.
 Prosecution and defense gave as sent to the discharge, and the proceed ing ended within fifteen minutes.
 The trial, which will stand as a rec ord in the history of western litigation for many a year, ended quietly and without demonstration. The court room in Carpenters hall was well filled, but the sudden climax did not permit of the attendance gathered from far and near, such as characterized the five days of argument and the vigil of last night.
 But five ballots were taken, as it de veloped, and three of these were within the first few hours after deliberation had commenced.
 Upon the first vote the result was eight for acquittal and four for convic- tion. Michael Mcguire and Peter Anthes, ST., the oldest members, joined the majority on the second ballot, and thereafter Otto T. Hildebrecht and Theodore Binner were the only SUD-
 TTsI -sI .4 is said, announced his determination to remain out a month, if necessary, in defense of his position, and Binner, who did not express an opinion upon the last three ballots, promised to maintain his attitude until Hide brecht arrived at a contrary conclu sion.
 Noon was the hour fixed for the jury's appearance in court, and all the were in their places when the session convened. Judge Lawlor he has ascertained, before coming to court, that the jury ap- Deared to be hopelessly divided.
 q do not wish to infiict an unneces- sary hardship upon citizens who al- 'eady have been separated from their families and business affairs for many | weeks,' said the court, "and I shall | isk the members of the jury to express | l formal opinion upon the possibility | 'f their arriving at conclusion
 Intense silence prevailed as the clerk | called the name of each juror, and | when the last man had voted mo-" in 'esponse to the inquiry, it was seen hat the case had resulted in a dis agreement.
 MT. Heney, who was first invited to 'Xpress an opinion upon the prospect If discharge, was wearied in manner md so hoarse that his words were carcely audible when he replied:
 "In view of the fact that these jurors lave been deprived of their liberty for hree months, it seems apparent that hey have fulfilled their duty. I be- ieve they should be discharged"
 In long statement issued by Cal oun tonight he said:
 "Of course I am disappointed at the allure of the jury to acquit me of the must charges that have been brought gainst me. I should have liked my indication by the jury to have been bsolute. And yet, when all circum- tances are considered from the fact hat ten members of the jury were in lvor of acquittal, it must be recog- ized that I have won substantial ictory
 'The record of the case demon trates that my trial was most unfair I unparalleled in the annals of Ameri- f an Jurisprudence. (
 "The judge was hostile, the assist ., nt district attorney bribed and the ad- i of the criminal law of this |, ate disgraced. e q propose at the proper time and in : le proper way to submit formal |, larges against Heney for having re- C eived bribes and against Spreckels nd Phelan for having paid them-" f
 Opinion of Lawior. i In his closing remarks to the jury :, -ior to their discharge, Judge Lawlor id: There is a thing I think jurors e lght to keep in mind, because the il lbject is becoming serious one, and
 is that the hardship does not arise C much from the necessity which the W recognizes that jurors shall be ithdrawn from their activities and ,pt in confinement, but it is the extra S dinary duration of judicial proceed a gs. The courts are utterly helpless lt
 obYiate that great and growing A il. tI "There must be something wrong in ls e laws of a state where it takes rec months to impanel jury to try tf y issue, and I think that the neces- ci " of the hour is that the people il ould take some steps toward the ts notification of judicial proceedings, tc
 that, instead of occupying three el 1nths to procure jury, it could be cured in as many days. S