The San Francisco call., 1909-05-12
Ten Said TO Stand for the Con-
victiOn of Luther Brown
for kidnapping
Fate of CalhOnn's GumshOe
Man Hangs on the Decision
of Two Men
Jurors Deliberate Long on the
Evidence and Courts
Instructions
Closing Arguments of Defense
Are Appeal for Sympathy
for Wife

HE jury in the Luther G Brown
case, after seven hours of 81
acrimonious discussion as ever
disturbed deliberation Of y men,
was locked up for the night shortly
before II o'clock last night, leaving
the fate of the man charged with
kidnapping Fremont Older, editor of
the Bulletin, in doubt Judge Mahou
ordered the jury locked up.
Brown was taken to the county Jail
there to spend his second night.
The jury IS supposed to stand 10
to 2 for conviction.
Their division is speculative, but il
is thought that they stood as follows:
For William w. Prince,
foreman; Joseph Maccone. Adolph
Fitschen, Winfield S, oXoy. Neal c.
Toit. De Forest e gsus company .-'}arles tl.
Johnson, c. y accrued -. 4iam II.
Medina, Wil,soisSf sf'GHss GnSer land c,cason.
= nee purchase price
for aeq q premiums in DrOf- JACOBS
Samuel KrA,en and Of deferred
The jur notes on psiicies Iqslinufes Of )
O'Clock ans IN b...-....L went to
dinner at fnc St Francis. BY 8
o'clock they were, back in their de-
liberation room. off the courtroom.
The latter room was we'll flied with
attorneys, the defendant, Mrs. Brown
and a coterie OF women friends. gum
shoemen and others. Through the
thi INDOORS of the jury room came the
sounds OF loud deabte 1t seemed that
all u of the jurymen would be
talking at once and in the major
key Every sound of fight but the i'm
pact of blows was heard, but the Ian
guage could not be distinguished.
Asks for Instructions
AT s:25 the jury filed in the room.
Foreman Prince held sheet OF paper
in his hand and it was thought that il
was a verdict After an anxious de-
lay the foreman spoke. The jury
mereI ywanted more fuel for the
flames OF controversy. They desired
certain evidence read to them and some
particular instructions recited. The
evidence was that in which one of tho
eonstables testified that Brown had
opportunity to give bail The instruc-
ton referred TO how they should con-
slider the consent of the kidnapped man
to submit 10 the ordeal Then the jury
went bac kto two and a half hours
more of fighting.
The entire day was devoted to the
arguments of counsel Assistant Dis
trict Attorney William Hor cook
opened and closed. He was virile EN-
phatic and serious Bert Schlesinger
was sandwiched in between the two
portions of Cooks argument and did
not appear to as secure an advantage
as he did during the progress OF the
trial. when his skill saved MANY a
twist OF evidence for his client. Schles-
niger was not sure in his treatment
OF the case. He tried humor on the
jury first and found the L men i'm
perturbabIe Then he was emotional
and spoke of what splendid fellow
Luther Brown was in Los Angeles.
Cook rather spoiled that eulogiuHr
by pointing out that in San Francisco
Brown had been shown 70 be azv~
thing but dne fellow. in fact had been
shown UP as subOrner of perjury as
well as kidnaper. Cook pitied Los
Angeles.
SchIesirger also played on the mellow
chords by telling the jury what happy
domestic life Brown and his handsome
young wife who was present in court.
led. Cook cut up that pretty picture
by calling attention 70 the fact thas
Brown took his wife with him when
he committed the crime charged in the
indictment-that "he hid behind a petti-
coat
There was a large group of womeR
in the courtroom. Mrs. Brown, Mrs Fart
Rogers. Mrs. Melrose and others. Ths
gumshoe contingent OF Patrick Call
houn's stan was well represented too.
They slid about on their soft shoes and
created an atmosphere
1t was agreed between counsel thsk
each should have two hours for argu-
ment. Assistant District Attorney Cook
started AT 10 o'clock in the morning.
speaking for an hour. Bert Schlesin-
ger spoke until the noon adjournment
and continued Sar an hour in the att