The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-01-24
JURY DIVIDED
EVEN ON GUILT
OF NEWbURGH
Attorney Accused of Attempt
ing to Bride Ruef Ta1esman
Faces Another Trial
Eight Ballots Show Six Votes
PersistentIy Cast for
Acquittal
Two Members of Panel Refuse
to Listen TO Argument
for Conviction
HOW THE JURORS STOOD

H. 3.
C. J. Clemens John n. Paul
J. L. Brown g. P. Wells
c. J. NewBhton NJ T. Boyd
z. L. Davenport N. E. MacPhee
With six jurors steadfast for con-
viction, four others firm in the belief
that the evidence was not conclusive,
and two Jurors, F. Landa and II. S.
Rhine, positive in their declarations
that they would not vote to convict the
defendant while there, was the slight
est excuse TO favor him, and equally
positive in their determination not to
listen TO argument, the Jury in the
trial of A. s Newburgh decided at $50
o'clock last evening that they could not
arrive at verdict and were discharged
by Judge Murasky. Eight ballots were
cast. On all but the first the vote was
s to 6.
Newburgh, who has been lawyer re-
tanned by Abe Ruef to defend the CRATER
in the police court and elsewhere, was
on trial on the charge of having at
tempted to bride John Martin Kelly,
venireman In the Ruef case. His al
legged gobetween, e. A S. Blake, has
been convicted, and his codefendant,
Frank Murphy, acquitted at previous
trials.
First Ballot at Noon
The jury In the Newburgh case was
locked UP at noon yesterday and i'm
mediately took ballot It stood seven
to five for acquittaL The vote was:
For conviction-H Mccabe. Edward
McDevitt, c. ]. Clemens, J. L. Brown,
c. J. Newghton.
For acquittal-F. Landa. II. S. Rhine,
John NJ. Paul, G. P. Wells, M 7. Boyd,
n. f. MacPhee, r. L. Davenport
The jurors then began an open dis
cussion of the case. Foreman II. Nc
Cabe, Edward NJ McDevitt and ]. L.
Brown made the chief arguments for
conviction. G. P. Wells and N. F. Mac
Phee spoke for acquittal 1t developed
that r. L. Davenport was not satisfied
on the instructions regarding corrobo-
ratiye evidence, but Brown and Nc
Dewitt were soon able to convince him
that his point was not well taken, and
when the second ballot was cast Daven-
port changed his vote to conviction.
Objection to Argument
But Landa and Rhine shouted in
tones that carried into the corridors of
the McAllister street courthouse build
Ing that they would not listen to argu-
ments.
In discussing the situation in the
jury room one of the jurors said:
Wells, McPhee, Paul and Boyd were
honest In their opinion that the evil
dence as presented was not strong
enough to convict Newburgh; as for
the other two men. Landa and Rhine, /
wouldn't like to say. Only they de-
clared that they would not vote for
conviction while they had the slightest
excuse to vote for acquittal"
The Jurors went to the ST Francis
for lunch, and as the jury fled down
the stairway to McAllister street the
gumshoe men OF the defense lined up
along the sidewalk and narrowly
watched the 70 men. Abe Ruef had his
personal representative on the Job in
the person of Charlie Haggerty, his
clerk.
Newburgh Bound Over
When Judge Murasky returned to his
court Foreman McCabe announced that
there was no possibility of arriving at
verdict There wouldn't be chance
if we sat here till Doomsday." volun-
teered another juror.
Judge Murasky ordered that New
burgh's bond should stand to insure his
presence at subsequent hearing. New
burgh andehis attorneys, Bert Schlesin-
ger and Robert rerral left the court
room together.
The morning session was devoted to
arguments by Ferral and Assistant
District Attorney William Hofr Cook
and the giving of instructions by the
court.