The sun., 1909-06-21
CALHOUN JURY DISAGREES
TEN STOOD FOR ACQUITTATS.
TWO FOR CONVICTION.
oue Of the Pair That Demanded Verdict
a Guilty Was willing to Vote for 40
ou,tta II the Other would History
Of Case That Occupied Months.

Of Case That Occupied Months.
SAN FRANCISCO, June 2o--The jury In
the case Of Patrick Calhoun, president Of
the United Railroads, on trial since jan
u.rv 70 on the charge OF bribins Super
visor Furey. came into court to-day at
MON and declared they couldn't agree
and were discharged.
The Jury stood 10 to for aoquittai after
efirst ballot Onthe first ballot the jury
stood For aoquittal. Gillespie. Syming-
ton, Granville. Dixon. suydam, BENDER.
Cashrnan and Msokroth; for conviction.
Hldebracht. Binner. Anthes and Mcguire.
After the first ballot all were for aoquit-
tsl except Hildebraoht and Binner.
The man who prevented the aoquittal
Of Calhoun was Otto Hildebraoht. who.
II Is said. declared: Il will not vote for
scouittal IL we stay here till hell freeses
over
Theodore Bnner. the other juror who
stood out. agreed to vote for aoquittal
il Hildebraoht would vote that way. but
all Efforts to move. .Hildsbraoht were futile.
After arguing with him for five hours this
morning the Jury finally decided It was
hopeless
The verdict was no surprise to the
public, which generally regarded q dis
agreement or aoquittal as certain,
The soones when the jury came in were
sensational. The great hall where the
trial has been held was jammed. Calhoun
was present with his oomsel and there
was excitement In his eyes although his
features were calm. Special Prosecutor
Heney looked confident, but his assist-
ants showed nervousness and evidently
feared defeat
that they hadn't agreed on a verdict
Judge Lawlor asked the jury what was the
present situation. Foreman Gillespie re-
piled: 1t is without hope There II no
possibility Of reaching . verdict
The Jury was then polied and all declared
there was no prospect Of agreement.
The Judge thAn read the law ON the case
md asked opinions Of counsel whether
they thought the jury should be sent back
or discharged.
Prosecutor Heney said. sAs the jury
have been here FIVE months and as II
seems they have performed their duty
! think they should be discharged.
Stanley Moore for the defence said:
This u . mattsr largely within the dis
eretion Of the Court. 80 far ~ We are
concerned we are willing toconsent TO any
eourse the Court deems just
The Judge then ordered the failure to
agree to be recorded and that the jury
be discharged. He then addressed the
jury, declaring that he had kept the
jurors virtual prisoners because he be-
feved it would have been grave dere-
lction Of duty to have possible opening
for suspicion. The Judge then commented
IN the needless duration OF the iegai
Proceedings and the hardshipe that this
had entailed on the Jurors. The Judge
then announced that he desired an early
understanding as to further prooeedings
in the Calhoun case and asked that the
parties appear before him Tomorrow
morning.
Mr. Calhoun. the defendant. said: -ol
course am disappointed at the failure oi
tn" jury to ac4uit me Of an unjust charge'
ct when all circumstances are consid-
cred the fact that ten members favored
acluittal is substantial victory.
The trial OF Patrick Calhoun, president
Il the United Railroads. began on January
~ One hundred and ten days have been
devoted to court sessions In this cas- 9.
and the typewriter record amounts TO
'.25OOOo words. The estimated cost OF
he trial is $4,000. A thirteenth juror
was added TO the regular panel 70 provide
for an emergency.
Calhoun was one OF several well to
10 corporation officials indicted "a a
result OF the municipal changes OF 1907.
when the administration controlled by
Mayor Eugene E. Schmitz and Abraham
Rnef was overthrown. After Ruef and
Schmitz were indicted on charges OF ex-
,ortns money from French restaurant
proprietors in November, 1900. the So
'called graft investigation conducted by
Francis J. Heney and W. J. Burns suo-
ceeded in trapping several Supervisors,
who confessed that they had taken money
from six sources. The Oliver Grand
Jury on March 10. 1907, heard the con-
iessions and in forty eight hours returned
more than 900 indictments.
Calhoun, with Ruef and three subordi-
70 l.. -..