The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-06-21
JURY D|SAGREES
IN CALHOUN CASE
Was HOpelessIy Divided, Ten
for Acquittal and Two for
Conviction.
FUTILE END OF TRIAL
LASTING OVER FIVE MONTHS
Calhoun, in Statement, Says He
VIII Bring Bribery Charges
Against Heney.

SAN FRANCISCO, Juno 20-Termi |
mating in n disagreement Of the jury,
with ten men determined on acquittal
and two steadfastly resolved upon con-
viction, the trial of President Patrick
Calhoun of tho United railroads, came
TO an end at noon today. Five months
and a week had transpired since the
wealthy street car magnatc, a descend
ant OF Patrick Henry, made his first ap-
pearapce IN court TO answer TO the
charge of offering bribe of $4,000 to
supervisor TO obtain a privilege for
his corporation, and period of twenty
four hours had been consumed in fruit
less deliberation.
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 assent to the dis
charge, and the proceeding ended with
III "a period of fifteen minutes.
Trial Of Record Length.
Tho trial, which viii stand on record
III tho history of western litigation for
many Il year, ended quietly and without
demonstration. The courtroom In Car,
penters' hall was well filed, but the
sudden climax did not permit of an at
tendance gathered from far and near,
such as characterized the five davs of
argument and the vigil Of last night.
Tho defendant and his attorneys, as
well as the chief officers of the prosecu-
ton, refraIned from comment upon the
disagreement when it WAS recorded and
quickly departed from the courtroom.
But FIVE ballots were taken, as it de-
veloped, and three Of these were within
tho first few hours after deliberation
had commenced. Upon the first vote
tho jury stood eight for acqulttal and
four for conviction.
Two of them joined the majority mp
on the second ballot, and one Of the re-
naming two announced his determine
ton to remain out month If neceS~
sary.
Hopeless Disagreement.
Noon was the hour fixed for the
jury appearance in court, and all the
principals were in their places when
the session convened Judge Lawlor
announced that he ascertaincd. before
coming to court, that the jury appeared
to be hopelessly divided. Asked by the
court if there was any hope of u YER
diet each Juror replied 'Fno" as his
name was called.
After ordering tho discharge OF the
Jury, Judge Lawlor drew his chair to
the edge of the platform nearest the
jury box and addressed to the twelve
men some Informal remarks, criticiSing
severely tho laws and usages that
made possible tho expenditure of three
months in empanelmept Of jury and
congratulating and thanking them upon
their worth as citizens. He declared
that the courts were utterly helpless to
prevent such occurrences and recon- /
mended that the legislature be influ-
enccd by the people to make alterations
in the laws that governed court pro-
ceduro regulating the cmpanelment of
Jures,
May Soon Retry Case.
Under the order Of the couprt, the
attorneys Will be expected TO fix a date
for another trial upon the same indlct-
mcnt at tomorrow mornings session Of
court.
'fI am ready TO try this case again,
and ] will go ahead tomorrow If neces
sary,' said Mr.. Heney an hour after
the adjournment
In Il long statement issued by Mr.
Calhoun tonight he said;
cor course, | am disappointed at the
failure of tho jury TO acqult me of the
unjust charges which have been brought
against me, [ should have liked my
viindication by the jury to have been
absolute. And yet. when all circum
that ten members Of the jury were in
favor Of acquittal, it must be recoe-
niZcd that / have won substantial VIC
tory The record OF the case demon
strates that my trial was most unfair
unparalleled in the annals of American
Jurisprudence. The Judge was hostile.
the assistant district attorney bribed
and the administration of the criminal
law of this state disgraced. | propose
at the proper time and IN proper man
ncr to submit formal charges against
Assistant District Attorney Francis i.
Heney for receiving brlbes as a public 5
officer and against Rudolph Spreckcls
and James D. Phelau, who financed the
for having paid them
In closing his remarks To the jury prior
to their discharge, Judge Lawlor paid s
attention to the length of time required '
TO secure a jury In this state, lie said {
in part:
Courts Pointed Remarks. :
"There is another thing | think jurors ,
ought To keep in mind. because tho sub
that the hardship does not arise so much
from the necessity which the law recog-
nizes the jurors shall be withdrawn from
their activities and kept in Confnement .
buf il is the extraordinary duration Of
iudicia proceedings, The courts are HS- !
tcry helpless to obviato that very great :
aud growing eVil. :
The laws OF . state where IT takes three :
months 10 cmuanel a Jury 10 try any :
ssue and I tuInl that the necessity OF !
Ihe hour is ;hat the people snoulG take :
some steps toward the simpllncation of =
Judicial proc9Hdure, so tnat instca1 of oc-
.upylng three months 20 procure Il jury a.,
I could b, secured IN as many Gays. II
hat he done and il tho rules which arc
,laVishIy followed today because they
,ave been adopted In thc remote past
we're modified, there would be less occa-
sion to complain of tho hardSbps Incl
lent to the discharge Of ,IiTy Sc: vice and s
~
Heat Kills Two Men. -
KANSAS CITY Kan. June 20.-Two h
lied here today from heat prostrations. d