The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1913-06-07

prise, and Esola's several co-defe
all OF whom were present III the
court room, were visibly worried.
After the first ballot the vote
in the jury room stood ii to |
for conviction, Juror U. M. Coch-
rane being the only one to hold
out for an acquittal Cochrane
changed his vote to guilty after the
jury had returned to the courtroom
and listened 10 the reading OF dis
puted portion of the testimony taken
during the trial.
The trial, based on a grand larceny
charge growing out of EsoIa's connec-
ton with the italian bunko ring, be-
gan on May &c and continued just two
weeks.
WANT FURTHER INSTRUCTION
The Jury was locked up at SIT
o'clock last night and remained in the
jrryroom until 11:30. when the II
men filed into the courtroom and asked
for further instructions. Foreman
George w. Pennington stated that
question had arisen as to the right Of
the jury to convict on circumstantial
evidence in the absence OF direct evil
dence
tions to the effect that circumstantial
evidence might serve as the basis for
conviction. and then Pennington raised
a point regarding the evidence. He
called upon Juror Cochrane as the one
who had raised the point
WRANGLE THEN FOLLOWS
Cochrane asked If the evidence
showed that warrant or a complaint
had been issued for Mike Gallo, the
bunko man, or for a man resembling
him, and if such paper had been given
to Esola to serve. There followed
wrangle between the attorneys. until
Judge Dunno ordered halt and had
the testimony in question read from
the record. showing that such COM
plant had been issued and given to
Esola.
The jurors were sent out again and
five minutes later announced that they
had reached a verdict. Only one ballot
was necessary after the mooted point
was settled. They returned to the
courtroom and handed the clerk the
verdict finding the former detective
guilty as charged in the Indictment.
REMANDED TO SHERIFF
Following the polling of the jury at
the request of the defendants attor-
neys, Judge Dunno remanded Esola
into the custody of the sheriff and he
was locked up for the night in the city
prison. The court set 10 o'clock Tues
day morning as the time for pronounc-
Ing judgment.
This is only the beginning of
things" announced District Attorney
Fickert after the jury had been dis
missed.
I'VE have a few more surprises In
store for the future and are going
right ahead with the other cases. AS
for the verdict, it is eminently just
and nothing more than was expected at
all times by the prosecution"
SAY THEY WILL APPEAL
The attorneys for Esola declared
that they would appeal the case. but
formal motion to this effect is not ex-
pected until after sentence is passed.
Their statement was:
''The defendant was convicted on
charge of grand larceny by evidence
that was entirely foreign to that OF
the charge against him. We will take
immediate steps to appeal the case and
feel confident that the Judgment OF the
lower court will be reversed by the
supreme court
Esola refused to make statement.
referring questioners to his attorneys.
AS the jurors passed out or the
courtroom following their dismissal
Attorney Thomas oConnor and Juror
Cochrane engaged In brief. but heat