The San Francisco call., 1909-05-13
FAILS TO CONVICT
LUTHER G. BROWN
Jury Acquits Calhoun Gumshoe
Man Accused of kidnapping
Fremont Older
Banjo Eyed Kid Fined $50 for
Contempt of Court When
Employer Is Freed

After deliberating 1s hours, the jury
in the case of Luther G. Brown,
charged with kidnapping Fremont
Older, returned verdict of not guilty
shortly before noon yesterday
Disregarding Judge Mahon's order
in the courtroom when the verdict was
announced, II. Lorentzen, the banjo
eyed kid" brought his hands together
with mighty crack when his en-
ployer was acquitted and was COM
PEELED to pay $50 for contempt.
The members of the jury spent the
| night at the Fairmont hotel and re-
sumed their deliberations shortly after
o'clock yesterday morning. AT lV;zo
o'clock Judge Mahon had the jury en-
ter the courtroom. He asked Wnetner
or not a verdict had been agreed upon
Foreman William w. Prince responded
that the jury was not ready to report
but he believed, if the court would be
patient, that a verdict would be re-
turned. Judge Mahon thanked the
jury for its work and offered what
ever aid he could render. without
seeking further instructions, the jury
retired.
VERDICT is ANNOUNCED
At 11:44 applause was heard in the
jur~room. 1t was evident that a YER
dict had been agreed upon. Brown
and his wife exchanged inquiring
looks The jury filed into the court
room and the foreman announced that
verdict had been agreed upon IL
was then that Judge Mahon announced
that under no circumstances should
ha fjOn when the
verdict was announced. If there
should be it would be the duty of the
bailiff to produce the offender before
the court.
I'VE. the jury, find the defendant,
Luther G. Brown, not guilty, read
Foreman Prince.
Bang" The banjo eyed kids"
hands came together with a mighty
crash when he heard the verdict
Arrest that man. directed Judge
Mahon, who proceeded to dismiss the
jury.
With the jury dismissed, Lorentzen
was ordered to stand up. He apollo
gized to, the. court insisting that he
had meant no disrespect. having ap-
plauded unconsciously. His words did
not placate Judge Mahon, who insist
ed that handclapping in a courtroom.
was contemptuous and should be
stopped He could see no reason for
Lorentzen not having observed his ad-
monition. When the banjo eyed kid
was fined $50 he momentarily lost his
accustomed smile. He scurried around
for a few minutes and produced two
double eagles and a greenback, for all
of which he insisted on receiving
receipt from Judge Mahon.
MANY BALLOTS TAKEN
1t was learned that the jury stood
FIVE for conviction, five for acquittal
and two blank when the first ballot
was taken Tuesday afternoon. The
second ballot was seven for acquittal
and five for conviction. The vote re-
NAMED unchanged during the night.
Yesterday morning the i've who
thought Brown guilty began to waver
and by 11:44 O'clock the last one had
agreed to vote for acquittal.
Members of the jury defended their
verdict by saying that Older had not
resisted the attempt of his captors to
take him to, Los Angeles. They con-
| sidered his conduct tacit consent to
the procedure and cited the fact that
while passing Golden Gate park he
replied that he was ready to go to
Los Angeles and fight 1t out, and also
! that he made no outcry' when he was
| driven at slow speed past two mount
ed policemen near Ingleside.
The members of the jury were:
Joseph Maccono. 2o7 Chenery street
Adoph Fitschen, 1O06 Railroad avenue
NeaI sn"e1o e. Toft. e 44o waller street.
De Forest Thrush 1T4 Seneca street
Charles II. Johnson. 1908 Stanyan street
william G. Richardson, lis Frederick street.
| c. W. Pope 217 Montgomery street
! Isaac r. Jacobs. 587 Hayes street
! william H. Medina. 1Is First avenue
william W. Prince 11o4 Ellis street.
Samuel Kramer. 1893 Post street
The two other charges against
| Brown and the one against Porter
Ashe for kidnapping Older will come up
May %.