The San Francisco call., 1910-05-20
Jury Takes Two Ballots and Re-
turns Verdict of ''NOt Guilty"
Within 80 Minutes
TALESMEN QUIZZED
BY JUDGE LENNON
Alleged Tampering Will Still Be
Investigated by the Marin
County InqnisitOrs
"VINDICATION'' PLEASES
FORMER COMMISSIONER
<<A TOT GUILTYro was the ver-

kSA TOT GUILTY!" was the YER
N dict returned at 8 O'Clock
yesterday evening by the
jury in the case of Harry T. Elan
merry, former president of the San
Francisco police commission, who has
been on trial for a week in Judge
Lemons court in San Rafael ON a
charge of grand larceny.
The acquittal was announced Just
so minutes after the case had been
submitted to the jury for considcra-
ton, only two ballots having been
taken in the jury room. Juror
George w. Longley voted for convic-
ton on the first ballot, but after
short argument the second ballot was
taken and he cast his vote with the
IL others.
"VindiCation Expected"
This vindication is what expected
from the very beginning was Flan-
nery's statement when the result was
announced This was a political at
tack upon me, pure and simple, aud
the charges against me were false
from beginning to end. I had abso-
lutely no knowledge of the bunko
game with which | was accused OF
being connected, and have merely
been defending myself against a pack
of lies"
Flannery would not discuss the pos
sibility of his reinstatement to his for
mer position as police commissioner.
AT the time of his resignation, after
the grand larceny indictment had
been found against him by the Marin
county grand jury three weeks ago,
he stated that he submitted the resiq-
nation as a temporary measure, and
expected to be returned to office after
he had cleared his name He would
say nothing in regard to this last
night, however, except that the mat
ter was entirely in the hands of Mayor
Mccarthy.
Jury May Be Quizzed
That disclosures relative to alleged
jury tampering in connection with the
Flannery case are not to be allowed
to drop because of the failure of the
prosecution to convict the defendant.
Flannery, was made evident in a
pointed manner when three of the
jurors were summoned into Judge
Lemons chambers Immediately upon
their dismissal from the jury box and
remained in conference with Judge
Lennon and District Attorney Boyd
for Is or 20 minutes. These Jurors
were Maurice Foley. Henry v. Genazzi
and William R. Pepper.
This, incident, taken in connection
with the rumOrs which have been
afioat since the jury was ordered into
the custody of the sheriff on the second
day of the trial. revived interest in
the situation despite the finding of
the verdict of not guilty. Although
neither Judge Lennon nor District At
torney Boyd would discuss the purpose
of the conference nor divulge the
names OF the jurors questioned, it was
reported that they were all asked If
they had been approached in any way
and that one of them admitted that a
direct attempt had been made to in
duce him to vote for an acquittal re-
gardless of his actual view of the
merits of the case.
Up to Grand Jury
An official investigation into the al
legged jury tampering episodes is to be
made by the Marin county grand jury
next week The grand jury met yes
terday and several of the witnesses
under subpoena were examined briefly,
but owing to the presence Of District
Attorney Boyd in the courtroom the
formal inquiry was postponed and 1t is
probable that no meeting Of the In
quisitorial body will be held before
the latter part of next week
At 4:S0 o'clock yesterday afternoon
the rebuttal argument by District At
torney Boyd was concluded and Judge
Lennon at once began his charge TO
the jury This consumed so minutes
and it was 500 o'clock when the case
was submitted to the Jury and the IL
men retired to the juryroom to begin
their deliberations. Thirty minutes
later there was knock from the in