The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1914-07-10
INSTRUCTION Of
JUDGE TEATC CAUSED
B|Lb0'S ACQU|TTAL
JURYMAN JOHN RIcKs TELLS OF
ATTITUDE OF TWELVE MEN
WHO GAVE VERDICT.
SAYS He WAS MORALLY
CERTAIN OF GUILT
Could Not Decide That Conspiracy
Had Been Entered Into Prior to
December 2, 1e12-Bilbo Gives Out
Statement Saying His Slate Has
Been Wiped Clean.
Special to The Netos.

Spec1dI 10 Ihe NeDS.
Jackson, Miss, July 10.-The ac-
quittal of Lieut.. Gov. Theo G. Bllbo,
charged with bribery, was due to the
twelfth instruction for the defense,
granted by Judge Teat as follows:
The court instructs the jury for the
defendant that before they can find
the defendant guilty that they must
believe, beyond all reasonable doubt,
that he and G. A. Hobbs entered into
conspiracy at a time prior to Dec.
2nd, 1912, through and by which they
mutually agreed and conspired to
solicit bribe through which their
votes and influence in the state SEN
ate would be affected, and until that
is proven beyond all reasonable doubt,
the jury cannot convict the defendant,
Theo G. Bilbo, although they believe
from the evidence that Senator Hobbs
was guilty of soliciting a bribe from
Stephen Castleman."
! All members of the panel admit that
it was this instruction that resulted in
reaching an agreement to find the de-
fendant not guilty-in other words,
that it prevented a mistrial of the
case. =
When the case was submitted Wed.
nesday night at 1880 o'clock several
members insisted on a vote being
taken before retiring for the night
Others objected, but 1t was finally
! agreed to take one ballot, and the re-
suit was FIVE for acquittal, the other
seven refusing to sign. ~
Rieks Tells story.
After the first ballot taken Thursday
morning the attention of John Kicks,
a prominent business man of Jack
son, was called to the twelfth instruc-
tion for the defense, above quoted.
Mr. Kicks stated frankly that he did
not believe a conspiracy was formed
prior to December End. According to
his theory of the case, Hobbs started
out alone to shake down" Castle
man for a bribe, using Bilbos name
, with the hope that it would get the
money quicker. Mr.. Kicks stated to
his fellow-jurors that, in obedience to
this instruction from the court, re-
gardless of the fact that he felt moral
ly certain of Bilbos guilt, he could not
vote to find the defendant guilty.
On the next ballot the jury stood
six for acquittal and six for convic-
ton. On succeeding ballots those who
had originally voted for conviction
were gradually brought over until the
panel was unanimously.
1t was well known to attorneys for
both state and defense when Mr.. Kicks
was placed on the panel that he had
no political sympathy for Bilbo, and
for this reason it was believed that,
even if all other members of the panel
insisted on acquittal, he would stand
out to the end for a verdict of guilty.
Other members of the jury confirm
the story that Bilbos acquittal was
due solely to the twelfth instruction:
that while there was never any hope
for a conviction, as there were two
men on the panel who were strongly
partisan in their views, the result
would have been a mistrial had it not
been for this instruction.
6iIbo Grateful to Jury.
Lieut.-Governor Bilbo gave out the
following statement:
ITO The People of Mississippi:
| Il am profoundly gratified but it is
not with any sense of personal Ella
tion, that l rejoice in this triumph,
so much as, with deep feeling Of re-
assurance that God lives. and justice
still rules in Mississippi that all the
powers of darkness, have not been
! able to overcome the light, and right
| Continued on Pass night) Z