The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1910-09-15
browne IS FREED
| OF BRIDE CHARGE
Jury Finds Illinois LegisIato.
/. ''Not Guilty." /
DELlBERATED OVER Fl HOURS
Tears Run Down Face OF Accused
Man az Words Are Pronounced
Is That Set Him Free
IL History Of Case. &

Chicago, Sept. 10.-Lee O'Nei'
Browne, a minority leader in the
Illinois legislature, charged with bri
berry in connection with the election
of William Lorimer to the United
States senate, was found not guilt!
by jury in the criminal court. This
was Brownies second trial. The jury
disagreed in the first trial. a
The speedy verdict was a surprise
to the many who had watched the
progress Of the second trial and had
feared that repetition of the tedious
deliberations Of the first jury would
close the case. ".sf-
The verdict was returned before
Judge Kersten after the jury had
deliberated a little over twenty-one
hours. e
Eight Ballots Taken.
Altogether eight ballots were taken
The first poll showed them to to 4
for acquittal and several ballots were
taken thereafter with the same re-
suit. Then there was slight change
to 8 to 3. Later the vote was IL to !
and on the eighth poll the full 12-to-O
vote was recorded.
AS the words mot guilty" fell from
the clerks lips a cheer went up.
Scenes of confusion followed. 1t was
with difficulty that the bailiffs re-
strained the crowd. 1t was then that
Browne jumped from his chair,
seized Attorney Erbstein around the
neck and they embraced each other
A moment later Browne was torn
from his counsel by his friends. They
pushed him around the room In al
most frenzy to offer their congratu-
lations. Browne then tried to reach
the jury box to thank the jurors
81 thank" he began, but he did
not finish. his emotions overcoming
him. Tears ran down his face.
History Of Sensational Case.
The second Browne trial started be-
fore Judge Kersten August 1. 1t was
fought stubbornly by both sides
every moment. After the customary
motions to quash the indictment had
been denied, impanelIng Of jury
started August 4. This went along
quietly for a fortnight and eight
Jurors had been selected, when it
was discovered that investigators had
been approaching prospective Jurors
and talking to them regarding the
case.
A special grand jury was called and
one Indictment returned as a result
of the charges of attempted jury
tamPering. Wholesale discharges of
venires were also made by Judge
Kersten to weed out prospective
Jurors who had been approached.
Nine venires Of 100 Drawn.
After nine venires OF 100 men each
had been drawn and more than 500
men, who had reported in response
to the summonses. had been examined.
the jury was completed August 20.
Court Immediately took recess I'M
til the following morning and after
an opening address of only an hour
States Attorney Wayman put White
on as the first witness and the taking
of testimony started August %. -
The last testimony closed Septem-
Der 1 at $50 a. M. Court took a
twenty-minute recess and States At
torney Wayman plunged into the
closing argument for the defense
which occupied the remainder of the
day.
William s. Forrest, chief counsel
Tor the defense, occupied the follow
ing day. On September the case
was suddenly halted by the death OF
Judge Kersten's wife early that morn
ing. 1t resumed again on the after
noon OF September 6. ATTORNEYS
Charles e. Erbstein and Patrick H.
ODonnell spoke that day and the
next one and then States Attorney
Wayman concluded his arguments
Trial ls Costly.
The trial cost the county and the
interests back of the defendant many
thousands of dollars Charges of
perjury, trickery and a long category
of offenses were banded back and
forth on both sides. Two OF the wit
nesses for the defense were indicted
for perjury during the progress OF
the trial, one of them being Detective
Patrick ]. Kelley, who was at one
time confidential aid to the states
attorney. ..s. ,...,
The first trial was before Judge
McSurely, who discharged the Jury
on June 20, after II had been out IFS
hours and failed to agree, II stood
s to. for guilty" The trial had
started June 6. g.,
Browne was indicted by special
grand jury, May 6. The bride was
said to have been paid White at the
Briggs house, June is, 1909. In &C,
cordance with an agreement made
May 26, 1909.
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