The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-06-21
JURORS DISAGREE
IN CALHOUN
CASE

San Francisco, June 20.-Terminat.
ing In disagreement of the jury.
with ten men determined on acquittal
and two steadfastly resolved upon
conviction. the trial Of President
Patrick Calhoun, of the United Rail-
roads, came to an end at noon today.
Five months and a week had trans
pired since the wealthy street car
magnate. a descendant of Patrick
Henry. made his first appearance in
court to answer to the charge Of Of
visor to obtain a privilege for his
corporation, and a period OF twenty
four hours had been consumed in
ruthless deliberation-
Not until each juror had pronouu,
ced as hopeless the prospect. of a YER
dict was the order for their liberia
tion made by Judge VIM. P. Lawlor.
Prosecution and defense gave assent
to the discharge. and the proceeding
ended within 4 period of fifteen min
utcs.
The trial, which will stand on re-
cord in the history of western liti-
cation for many years, ended quietly
aud without demonstration The court
room in Carpenters Hall was well
filed. but the sudden climax did not
permit of an attendance gathered
froIn far and near. such as character
iZed the tiye days of argument and
the vigil of last night. The defend
ant anG his attorneys, as we'll as the
chief officers of the prosecution. re-
Trained from comment upon the dis
agreement when Ii was recorded, and
quickly departed from the court room.
But five ballots were taken. as 1t
developed. and three of these were
within the first few hours after de
liberation had commenced. Upon the
first vote tine jury stood eight for ac-
1uittal and four for conviction.
Two Of the four Joined the majority
upon tbe second ballot, and one M
the remaining two announced his de-
termination 10 remain out a month
II necessary.
Noon was the hour fixed for the
jrry's appearance in court, and all
the principals were In their places
when the session convened. Judge
Lawlor announced that he ascertain
ed, before coming to court. that the
jury appeared to be hopelessly d.
vided. Asked by the court II there
was any hope of verdict, each juror
replied mo" aE his name was called.
After ordering the 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, criticis-
ing severely the laws and usages that
made possible the expenditure OF
three months in impeachment of a
jury and congratulating and thanking
them upon their worth as citizens.
He declared that the courts were ut
terly helpless to prevent such occur
rences and recommended that the
legislature be instructed by the peo-
pie to make alterations In the laws
that governed court procedure regu-
lating the empanelment Of juries.
Under the order of the court the
attorneys Will be expected to 1x a
date for another trial upon the same
Indictment at tomorrow mornings
session OF court.
81 am ready to try this case again,
and | will go ahead tomorrow X ne
cessary." said Mr. Heney an hour az
ter the adjournment.
In a long statement issued by Mr.
Calhoun tonight. he said:
"Of course am disappointed AT
the failure Of the jury to acquit me
of the unjust charges which have
been brought against me. ] should
have liked my vindicatlcn by the jury
to have been absolute. And yet, when
all circumstances are considered from
the fact that ten members OF tho
jury were in favor OF acquittal, II
must be recognized that ! have won
q substantial victory. The record of
the case demonstrated that my trial
was most unfair-unparalleled In the
annals of American Jurisprudence.
The Judge was hostile, the assistant
district attorney bribed and the ad.
ministration Of the criminal law OF
this state disgraced. propose at the
proper time and in proper manner,
to submit formal charges against AS
sistant District Attorney Francis j.
Heney for receiving bribes as pub
lie ofncer and against Rudolph Spree
kels and James ID. Phelan. who nm
anced the prosecution. for having paid
them"