The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1909-06-25

fate Of Patrick Calhoun, president of
the United Railroads, accused of offer
ing bride of $4,000 to Fred Nicholas,
former member of the old boodling
board of supervisors, for his vote in an
overhead trolley franchise, was given
the case Saturday night.
San Francisco, June DISCRIMINATING
in disagreement of the jury, with 10
men determined on acquittal and two
steadfastly resolved upon conviction,
the trial Of President Patrick Calhoun
of the United Railroads came to an end
at noon Sunday.
Five months and a week had tran
spired since the wealthy streetcar
magnate made his first appearance in
court to answer to the charge of offer
ing bride of $4,000 to supervisor to
obtain privilege for his corporation,
and period of "a hours had been con-
sumed in fruitless deliberations. Not
until each juror had pronounced as hope
less the prospect of verdict was the
order for their liberation made by Judge
William p. Lawlor. Prosecution and
defense gave assent to the discharge
and the proceedings ended within Is
minutes.
The trial, which will stand as a
record in the history of western litiga-
ton for many year, ended quietly
and without demonstration. The court
room in Carpenters hall was well filed,
but the sudden climax did not permit
OF an attendance gathered from far and
near, such as characterized the first
days of argument and the vigil of the
last night. The defendant and attor-
neys, as well as the chief officers of the
prosecution refrained from comment up
on the disagreement when it was re-
corded, and quickly departed from the
courtroom.
But five ballots were taken, as it de-
veloped, and three Of these were within
the first few hours after deliberation
had commenced. Upon the first vote
the jury stood eight for acquittal and
four for conviction. Two of the four
Joined the majority upon the second
ballot One of the remaining two who
voted for conviction announced his de-
termination to remain out a month if
necessary in defense of his position.
Noon was the hour fixed for the
jury's appearance in court and all the
principals were in their places when
the session convened. Judge Lawlor
announced that he ascertained, before
coming to court, that the jury appeared
to be hopelessly divided. In answer to
the question if there was any hope of
a verdict, each juror answered "No"
when his name was called.
Judge Scores Injustice to Jurymen.
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 ~ men
some informal remarks, criticizing Sc
verely the laws and usages that made
possible the expenditure of three months
in the impeachment of jury and con-
graduating and thanking them upon
their worth as citizens.
In closing his remarks, Judge Lawlor
said: "There is another thing 1 think
jurors ought to keep in mind, because
the subject is becoming a serious one,
and it is that the hardship does not
arise so much from the necessity which
the law recognizes that jurors shall be
withdrawn from their activities and
kept in confinement, but it is the ex-
traordinary duration of judicial pro-
ceedings. The courts are utterly help
less to obviate that very great and
growing evil.
Heney Ready for New Trial
Under the orders of the court, the
attorneys will be expected to fix date
for another trial upon the same indict-
ment. 81 am ready to try this case
again and l will go ahead tomorrow if
necessary" says Heney.
''Won Victory Calhoun.
In long statement by Mr.. Calhoun,
he said:
"Of course, am disappointed at the
failure of the jury to acquit me of the
unjust charges that have been brought
against me. should have liked my
vindication by the jury to have been
absolute. And yet, when all circum-
stances are considered, from the fact
that 10 members of the jury were in
favor of acquittal, it must be recog-
nized that l have won substantial
victory. 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. I propose
at the proper time and in the proper
way to submit formal charges against
Heney for having received brides, and
against Spreckels and Phelan for hav-
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