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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, February 17, 1910, Image 1

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The Next Adventure of
McCarthy Appointees Surrender
Brief Authority With
Bad Grace
Yield Only After the Warning
That They Would Be in
Contempt of Court
Petition to Have Injunction Dis=
solved to Be Argued Fri
day Morning
A RMED with copies of the injumt
t — i ti<jn secured Tuesday evening
•\u25a0 f rom Judge Bturtevant. directing
Major McCarthy's appointees to the
bo«Td of education to vacate the com
mission headquarters, which they seized
by force Tuesday afternoon, the Taylor
jnerabcrs of the old board took posses
sion of the offices yesterday morning
end at 2 o'clock in the afternoon held
their regular weekly meeting.
Admission Is Denied
It was only after an extended
-\u25a0 ./- , • \u25a0\u25a0- • \u25a0 . ..- •..: '\u25a0 - , y. : :
xvrangle with the policemen placed on
guard at the board of education head
quarters Tuesday afternoon at the re
quest of the now appointees that the
three Taylor members succeeded in
jraining entrance yesterday morning.
The administration t=«»ntinel«s were not
inclined at first to recognize the in
junctions, and it was only on threat
of charges of contempt and after a
hurried visit of Chief of Police .Martin
himself to the board moms that the
court* instructions were complied with.
It vras with bad grace that the three
McCarthy appointees slowly filed out of
the rooms where th*-y had proceeded
for a few hours to make themselves at
l;oaie. Evidences of chagrin on the part
of the administration sympathizers waj?
apparent at the meeting of the old
board in the afternoon through the re
fuptil of Richard I. Whelan. the only
regular McCarthy member of the board.
to attend the session. Superintendent j
of Schools . Roncovieri also refused to i
acknowledge the authority of the old
board, -with wlrte'h-he has-rwer been in
sympathy, and disobeyed direct orders
piven him to appear before it.
( Act on Lejja! Advice
Neither Whalen nor R«.«ncovieri based
tlieir refusals to attend the meeting on i
the ground of its ailetred SMogality, but;
it was very evident teat they acted un
der legal adviCe as a possible means of ]
establishing a point in favor of the Mr- !
Carthy appointees by refusing- to ack
i.owledge the authority or right of the
three Taylor members to sit. V."helan.
who was appointed to nil the expired '
term at the beginning of Mayor. McCar- i
thy's administration, and who was 1
chosen by the McCarthy appointees at!
their brief session Tuesday afternoon!
.- < president, pent word to President
Uannernian that he had urgent matters
t«> attend to and then spent consider
able Time while the meeting Avas in ses
eion on the sidewalk in front of the
Superintendent Honcovieri was no
tifled several times that the meeting
hud been called to order, but paid no !
attention to it. Finally, when certain j
3n«.tters were readied which requircl j
'tis adyJce a summons was sent him to
appear and he returned the answer that
he was busy. A second and more per
tmptory summons met with the re
pppnse from Roncovieri that he had
been tent for by the mayor and would
he unable to attend the meeting. He
left the board of education headquar
ters and did not return until after the
board meeting had adjourned.
Will Argue Injunction
While Co:n;Ti:sf=ioners Payot. Banner
man and Mr?. Kir.cai'd. the three Taylor '
members «f the board, were quietly
traiis-aciins the routine business of the!
IflbSard- as though tlieir work had not
rw<n interrupted, the disgruntled Mc-
Carthy appointees were In conference
.•onccrninjr steps to be taken to con
;.nu<_- the fisrht over the contested posi- j
lion*. At a. result of this conference
Attorney Frank J. Murphy served no-:
tics' that lie would petition the court
to have the injunctions dissolved.
Murphy secured an order from Judge
.Slurtevant shortening the five days"
time allowed for service to one day. He
will serve the Taylor members of the
board today with notices of a motion to
iHssolve the Injunctions, and the mat
ter will come up before Judge Sturte
vant for argument at 11 o'clock Friday
The climax at the boarJ rooms oc- j
turred at 9:30 o'clock yesterday morn
ins when Commissioners Bannerman |
&nd Payot, accompanied by Thomas E.
Hayden and Attornej' J. B. Kennedy
of Charles -S. Wheeler's ofliee and
armed with their writs of injunction
eppeared and demanded admittance.
There was on guard at the time a
squad oT police in charge of Lieutenant
Dinan and Sergeant James T. Donovan,
tinder orders from the chiefs office not
to admit the. Taylor board members into
i,';e building. Two mounted men pa-j
iroIK-d I-arkin' street in front of the j
\u25a0lijdin?, while policemen were* sta-
V:«'netl at the varJou? doors and at the
'iTil of the outer office within. •
On r-r>t r^a'lins: ; «f.-jh<> \vrjts of in r
Continued «a . l'»sc Z, Column . 2
The San Francisco Call.
The Call's
News Index
: Hereafter will be
:'v found on the
: The Weather Report
:in brief w r ill be found
' at the upper right
: corner of this page,
and in full on the
last page but one of
the paper. . .'i .rYJ
Oliver O'Brien. Well Known in
San Francisco and Oakland,
Shoots Himseif
[Special Dispatch to The Call]
LOS ANGELES, Feb. 16.— Seated in
a rocking chair, which had been placed
in front of a mirror in a room of the
Hotel Chapman. Fifth and Wall street?.
Oliver O'Brien, well known in business
circles of San Francisco and whose
home v;as in Oakland, was found life
less tonight. On the floor of the dingy
room, near the chair, was a revolver,
and a bullet wound through the right
tempie mutely told the story of the
man's suicide.
O'Brien registered at the Chapman
Monday niglit under the name of R. C.
Johnson and had not be»n seen from
the time he signed the hotel register
until his body was found. .1. L. Smith,
proprietor of the hotel, had made sev
eral attempts to enter the room, and,
believing the man had gone away un
expectedly, did not become suspicious
until tonight.
A Japanese servant reported that he
believed O'Brien was in the. room.
Smith entered the room .with a pass
key and found tlie body. On the dresser
jn tfie -room were several letters and
notes?. One was addressed to O'Brien's
mother, another to his wife and a third
to his brother. J. J. O'Brien, a member
of the San Mateo lumber company.
These letters wore sealed.
A note founJ clutched in the hand
of OBri^r. dispelled any theory of foul
play. It was addressed to the coroner
and read: "Notify my brother. J. J.
O'Brien of the San Mateo lumber com
pany. Also the secretary of lodge 171.
B. P. O. K. of Oakland."
The- body was identified by an in
surance card in one of the pockets,
which stated the bearer was Oliver
O'Brien, a salesman for the Robert
Dollar anJ son's shipping- and lumber
company of San Francisco, giving his
business address as the Merchant's
exchange buildinp. San Francisco. His
place of residence was 371 Sixty-third
street, Oakland.
It. is said that O'Brien had been
drinking and wa.« despondent and that
he planned to end his life is inJicated
by the fact he registered at a small
hotel undi.r an assumed name.
In the letter addressed to the Oak
land lodge of Elks, part of which was
made public, was the following: "Take
good care of my two sons until they
have grown to manhood, and for God's
sake keep them away from the curse
of drink, which has caused the down
fall of many good men."
The letters to his mother and wife
were not opened, and will be given
to the relatives, who were notified last
night of t3ie death, and it is expected
his wife and brother will arrive as
soon as possible from Oakland.
When news of the suicide was re
ceived a committee of the local lodge
of Elks visited Bresee Brothers' un
dertaking rooms, where the body was
taken, and agreed to take charge of
the funeral arrangements and ship the
body to Oakland.
Pioneer of State Passes Away
After Busy Life
[Special Dispatch to The Call] ,
OAKLAND, Feb. 16.— Judge Belden
Goodwin Hurlburt, a pioneer of Caii
fornia, died tonight at the home of his
daughter. Mrs. Giendora A. Pedlar, 1255
Sixth avenue, at the age of 90 years.
Judye Hurlburt was born in Con
nectic;:«. He came to' Colifornia in
1852 and settled in Sutter county,
where he was admitted "to the bar and
served" as county judge. He moved to
Humboldt county and served in the as
eembly from 1562 to JS72. In ISB4, in
the legislature, he seconded Leland
Stanford's nomination as United States
Judge Hurlburt lived for several
years in .Santa Clara county. He es
tablished the Santa Clara fire insurance
company. Besides his daughter, two
sons survive, William A. and B. G.
Attorney for E.~ H. Rollins* & Co.
Disapproves Them
{Special Dispatch to The Call]
\u0084 SAN ANSELMO. Feb. 1«. — Keen dis
appointment is felt by citizens. here at
the rejection of the $l&,000 sewer bonds
by E. 11. Rollins & Co. of San Fran
According to the. contention of the
firm's attorney.. the' bonds should not be
accepted because the entire town of San
.Aneelmo did not vote on the issue, but
only the section known as "the Bush
tract," In. which the sewer system was
to have been installed. '• :
The $40,000 bonds for road work,
however, have been accepted, and much
iieexled repair work on local streets will
be ccmnicaced next month.
Heart Trouble Carries Off Chief
Witness Against Harrisburg
Capitol Builders
Six Persons Concerned Have
Passed Away and One Is in
Insane Asylum
HAKRISBURG, Pa., Feb. 16.— The
strange fatality that has pursued some
of the principal figures in the capitol
scandal was again brought to public
mind today when John K. Stott, one
of the chief witnesses in the celebrated
case, was found dead in the bathroom
of the house where he tnado his home
while in Harrisburg.
. He is the sixth man in the case to
die. His death was due to heart
Stott was secretary to the board of
public grounds and buildings, which
let many of the contracts for furnish
ing the capitol that brought more than
a dozen men to the bar of justice. He
was a witness in two trials and was to
take the stand in the case of Joseph M.
Huston, architect of the capitol. whose
trial was to come up next month.
Two of the six men 'who died were
under a two years' sentence; one was
awaiting- trial and two were impor
tant witnesses. Besides these, one of
the many men under indictment has
been confined in an insane asylum.
Third Bribe Taker Named
ALBANY, X. V.. Feb. 16.— The name
on another Hiram Doe envelope was
spoken at the legislative bribery inves
tigation today. The manner of its rev
elation showed that the weight of evi
dence descending alike upon Senator
Benn Conger and Senator Jotham P.
Allds, accuser and accused, has driven
them to desperation to distribute the
blame. . .
The name heard today was that of
Jean Burnett, once assemblyman from
Ontario county, who died in Albany in
the legislative session in 1907. The
story Conger and Moe told last week is
that the $6,000 sent to Albany by the
American bridge company April 23,
1501, was divided into three envelopes.
AHds, they say, got- the first envelope,
containing $1,000.- The second envelope
held $1,000 and the third $1,000.
Tf the words spoken by Consrer on the
stand today are true this third enyelope
was given to Burnett.
Graft in Ohio Printery
COLUMBUS, 0., Feb. 16. — Chairman
Ritter and Expert Examiner Frank
Brown announced today that they had
found more evidences of probable graft,
in the state printing department.
Boiler Inspector Removed
DENVER, Feb. 16.— Governor Shaf
roth tonight removed Alex E. J. Whit
ney from the office of state boiler in
spector : for alleged irregularities in
Tom Hansen, Indian Desperado,
Run Down in Mountains
EL PASO, Feb. 16. — Tom Hansen, the
Arizona former convict, who after _ his
release from prison carried out his
threat and killed two men whose tes
timony had convicted him, was cap
tured yesterds»s' in the mountains near
Globe, Ariz. The capture was effected
by Chief Chilehuana, who is 70 years
Terrorizing County
GLOBE, Ariz.. Feb. 16. — Tom Hansen,
the murderous Apache who had been
terrifying the northern part of, this
county for the last ten days until he
was captured and brought to Globe last
night by Chief Chilchauana, is wanted
at Payson for assault to murder. -He
escaped .from the officers there early
last week. Chief Chllchauna, who
trailed and captured the desperado, is
one of the last of the sachems who
achieved fame in the Apache wars.
He was assisted 1 by his sons in bringing
Hansen to Globe, the last 60 "miles of
the journey' being made on horseback
in less than 12 hours. \u25a0"-.- -r'v^
Eleven Children and Fifteen
Grandchildren Participate
[Special Dispatch '. to The Call]
PETALUMA, Feb. 16.— Mr. and Mrs.
William Jones, a pioneer couple whose
marriage, took place In the famous old
adobe house, once the home of . General
Vallejo. near this city, celebrated their
fiftieth wedding anniversary today.
A feature. of tho. dinner was a wed
ding cake decorated with $5 gold, pieces,
the gift of- their 11 children and 16
: Mrs. Jones . was formerly Miss Re
bekah Farley. . She with, her future
husband came across the; plains with
their: parents in. the I early days,' mak
ing the trip with' oxteams. , They, have
resided in this": section ever felnce i and
have made their home on their 'present
ranch for 40 years. \ "\u25a0\u25a0.'.
[Special Dispatch to The Call] ; "
SAN RAFAEL. Feb. 16.-^Af-the meet
ing of the , men's Tclub ; of , the. Presby
terian- cburcli ; Friday > evening HcvV
Robert Mackenzie, president of. the San
Francisco theological;; semi nary/ at* San
Anselmo, will, address the" members/ori
"Scottish^Traits.*/ Rev.CDr.- Mackenzie
was recently/appointeJito the'tposltlon
of £ secretary _;\u25a0 of ; the*; new/ college/ board
of • the •\u25a0 Presbyterian ;i; church Aof J-.the
United "Slates, and tv- ill leave ; for.; New
York* to take up his new7duties in April.
— — . <"<-
Graft Prosecutor Leaves Port
land for San Francisco to
Study Situation
Reported to Have Consented to
Accept Republican Nomina*
tion for Governor
[Special Dispatch to The Call]
PORTHAXD*. Feb. 1 6.— Following closa
on the dispatch of a telegram declining
to become, a candidate for governor of
California on the. Lincoln-Roosevelt
league ticket, Francis J. Heney sud
denly changed his plans and departed
for San Francisco tonight on the
Shasta limited. Monday Heney stated
that he would remain in Portland fully
a week and that he would arrange for
the disposal of all the land fraud cases
In which he is interested as special
prosecutor, for the department of jus
tice. • ,
Heney rejected the offer of inde
pendent support for gubernatorial hon
ors Tuesday. Up to that time there
had been no change of program an
nounced from his office and it was be
lieved that the date for a second trial
of Blnger Hermann would be agreed
upon at least.
In January' a news story appeared
announcing that telegrams were being
received in the city concerning the
candidacy of Heney for the republican
nomination for governor .of California
and'that his friends had caused a quiet
canvass of the sentiment of the state
outside of San-Francisco to be, made.
The result caused them to believe there
was a good chance for success at the
coming primary election.
This information has given rise to
much speculation as to the reason why
Heney \u25a0so quickly concluded to leave
Among his friends it is believed .that
he feels it necessary to make a per
sonal investigation of the situation as
it may have. developed since he came to
Portland nearly two months ago. . He-,
ney does not admit that he is a candi-^
date," and: when ask>-d tohight!;if : he
expected- to take a;ty interest In -the
campaign he srailiiwly entered a denial.
After a conference with John M;
Gearin today, I ... followed by luncheon
with Marshal Reed and Thomas B. Neu
hausen, Heney announced that he had
determined to try all the men charged
with participation in the Blue moun
tain conspiracy at one time.-
Percy Moore and Dr. W. A.
McEnery in Walking Match
Percy M*ore, the founder* of the ex
clusive Menlo Park club, has made a
wager with Dr. W. A. McEnery that
he can beat him in a walking match.
Kach has his corps jof partisans and it
is reported that much money has been
placed on the "outcome.
It is proposed to walk from Bur
lingame to Del Monte, a distance of
100 miles, in 50 hours. McEnery has
taken the task so much in earnest that
he has given up his apartments tem
porarily at the Fairmont hotel and
gone into training at Burlingame.
Moore Is fond of exercising and cross
country jaunts.
McEnery \u25a0 recently traveled abroad
and figures the trip through the three
counties easier than a transcontinental
volage. Many of the Burlingame set
have promised to accompany the con
testants in automobiles to see that the
rules, of the contest are strictly ad
hered to. ' . ;
McEnery and Moore probably will
have to. walk-in the night to cover the
distance in the stipulated time.
Nevada County Official Disap
peared Over a/Week Ago
[Special Dispatch to The Call]
NEVADA CITY, Feb. 16.— -Justice' of
the Peace John Brophy of ' Bridgeport
township'is missing. He has not been
seen last Wednesday. Relatives
are searching the hills in the hope of
finding trace of him. : .
This is not the first time he has
dropped out of sight.-"; While a boy he
disappeared one night and did not
show up for 16 years. .During that time
he visited . almost all the 'seaports of
the world. •.- . .• , , '^. :
Xo cause can be assigned for his last
disappearance, jHe Is' s7 years ojd.
/ FOR $50,000 r 0N CHECK
Says That World o wes Him
Mof e ThatVs3,ooo,ooo
LOS ANGELES. Feb.; 16;— A man
who ,.- calmly 'presented;, a check ;ffor :
$50,000. drawn: in favor, of himself, \u25a0at
the cashier's ; , window j of L the First
national -bank; here;- today., was later
identified aa* H. J. Kirchtnan. who fes
caped .two years ago; from an asylum
at Warm :Springs,' Montana.. He told
the detectives ithat the world 'owed him
more " than $3,ooo,ooo f and lie sought . to
collectVa "pa"rt r of ; it.. ;,- Kirchman* Is >be-;
ing' held/ at . the;CO^nty^hOspitalVand
will =be examined by; tie Lilian ! t# com-;
Rumors of Corruption
Rife in Court Room
Former, Captain of Police Michael Joseph.Conboy and his daughter,
Miss Nina Conboy, anxiously awaiting the verdict of the jury. Below is
Juror F. L: Cook. -
Creditors Seek to Wind Up Con
cern That Had Trouble
With Venezuela
[Special Dispatch to The Call] - '
NEW YORK, Feb; 16.-rCredUorsJ of
the United "States and Venezuela com
pany,' a million dollar, concern,; organ
ized nine years ago in New Jersey to
deal "in. asphalt; products and which ap
pealed" to The -Ilague-a few- years ago
to arbitrate claims against-^ the
Venezuelan'gO'vernment, have filed- a pe
tition in bankruptcy against the . com
pany, alleging;- liabilities of fS.SOO.TKX)
and insufficient assets. - - - •
Because; of _ certain exactions..by the
Venezuela , government, > the company's
mine was "obliged to .shut -.down. Jan
uary 20, 1 905. A bill was , rendered to
the Venezuelan , government for dam
ages, The claim. found its way to The
Hague '\u25a0.'.tribunal - and was settled- for
$475,000. ; to- be paid- by in
eight installments.' The first install
ment of $59,375 has been: received by
the"' 1 United States government, but the
money is -held up in Washington', pend-;
ins vthe.-.adjustment: of claims
the asphalt company, the trustees and
bond holders* \^ . ,
After- closing .down , the\.Venezuelan
works the company, continued its busi^
nesshere and entered intoseveralcon
tracts - in New - York for repairing "as
phalt-streets." - w >
'.'The- creditors, assert that the. com
panyj is insolvent. "It was alleged to
day; that the" principal asset- was- the
$475,000 -from the settlement :wlth
Venezuela.. >J .- . .".» . .
Jurist: Passes ; Away; One- Year
;!; /After.Spouse'siDemise " :\u25a0'\u25a0'.
ONTARIO, 'f-F.ebl 16.— Within .15 mm-;
utes of Uhe hour of, his wife's^ deathia j
year, ago ; Judge \Villiam ,- M.^ Smith
passed ; away -last : His passing '
seemeJ the 'fulfillment of {a |
February 3 .he expressed; a- desire to '
die on'the anniversary.' of^the demisefqf i
hisiwife. * Judge Smith : was may or of \
OntaPio^whien- illness- compelled his re- i
tirenieiity! to i'; private life four months j
agf'/^-v '-;:'>: ':''-- z V, 1 -. \u25a0".':'. .;;\u25a0,':.-" '\u25a0.':"'*. '
lK?g^/£ WE A THER
rYß^lJE^pk^rCloudy: southwest wind;
58; minimum, 46.
n&REfAST}? PpR TODAY— Cloudy*
rain by night; moderate southwest
--; winds. / , \u25a0
Petitions -Circulating in Santa
Barbara* for Recall of the
City's Chief Executive
[Special -Dispatch to The Call] ,
-. SANTA BARBARA, Feb. 16.— Eight
petitions were started in circulation to
day'-for'.tHfc'recall* of "Mayor Clio L.
L>loyd. A The prime "mover for. the" recall
is" B.VP. -Ruiz, who. alleges that Lloyd,
previous to .election, promised him the
berth of chief of police.
Mayor Lloyd says he did not promise
the "position to Ruiz and asserts that
the real weight of the" movement is to
get Chief of Police*Ross" head. .
It Is generally believed that the.feel
ing attains t Ross is practically confined
to the "undesirable citizens" \u25a0who have
felt the strong arm of*the law. i
' 'Ruiz, who is a ' brother of Coroner
Ruiz, says that it Will be an easy* mat
ter - to get the .54-4 names necessary for
a- recall election. On the other hand
it is said that money has been offered
that. 100 names will not be secured.
.There have been rumors of a recall
petition ever since two weeks af ter'the
election in December. ; . .' .
• There are others interested in the pe
tition-for recall besides Ruiz. Accord
ingr. to the; latter, "Floyd Stewart, de
posed fire chief, -and; James. BoJle, de
posed-superintendent of streets. - have
agreed to. share the expenses of circu
lating petitions.
, ,Chief Ross is generally .conceded to
be jj the most efficient 'and most popular
police chief who ever held the posi
tion .liere."v»'ere the' recall flection
to hinge on the reappointment of Ross
an 'overwhelming* majority "would vote
for ."the man-, who would keep him In
the position.
-. Lloyd received 1,121 votes at the De
cember election ? to* Dr. E. J. Boesekea"
553.',;1f , Ruiz and. his friends can throw
1,500 votes to a recall candidate they
will be able to elect him and defeat
Lloyd. . -
; "We- can -'.count : on SQO votes \u25a0 from
the Californians." said Ruiz, "the
Italian colony ' will- give us at least
300 .and .the' socialists another 300.
There are also the friends xit % Floyd
Stewart and James Bodie. We should
have no difficulty In getting 1,500
votes.". ' . '.-.."\u25a0
-No; one has yet' been mentioned to
oppose Lloyd if a recall election Is
held. There seems a'; fair chance of
enough names; being secured, but little
likelihood ?ot « Lloyd's' being "defeated.
Prisoner" in; Orbville Puts For
:,. - ward; Such Claim
I" [Special : Dispatch to The Call]
j > OROVILLE: -Feb.^ IG.— Alleging; that
! - a': twin /brother'Jis the guilty man,
; Clarence ; . "Wjalker, accused ; of- passing
| forged check?, Jasked for his . freedom.
! .The y twin - brother, / John "Walker,'" ;l3
\u25a0missing.; The ; two look (so , much alike
;that-. even" people .well acquainted ~ with
Ijtbeia can ; hardly t?JI them apart.
Twelve Men Holding Conboy's
Fate Locked Up for Night
After Long Deliberation
Rumor Says Vote Stands Eleven
to One for Conviction of
the Defendant
F. L. Cook Reported to Be the
Juror Standing Out for
.—. —
Former Police Captain's Daugh
ters Pray Through the
Weary Hours
After deliberating vnthout decision
for 12 hours, the jury in the case of
Captain Conboy was locked up at the
St. Francis hotel at midnight It was
stated that the members divided 1 I to
JI. F. L. Cook |S sa id to be the jury
\man who is holding out.
The arguments of counsel and the
instructions of the judge were com
pleted by noon. The jury was taken
to lunch and then retired to sift the
evidence. Some hours later il reported
a disagreement with scant chance of a
verdict. Judge Dunne then spoke sol
emnly/ to the jury % explaining the re
sponsib'dity that rested upon them. In
conclusion he asked an}) member of the
jury that had been spoken to during the .
course of the trial to make an immedi
ate and frank statement - There was a
"This is a very serious matter , gen
tlemen," cautioned *ihe judge. Still
there was no reply from the box.
As the jury passed back 'o the de
liberating room. Cook stepped aside.
"May I speak 'o y6o?" he asked
fudge Dunne in a voice only half
"No, yoa may not" replied Dunne ,
with emphasis. •
AFTER deliberating for 12 hours
the jury trying the case of
Michael^* Joseph Conboy.
I charged with the murder of Bernard
j Lagan, had failed to come "to art
I agreement, and the indications are
that it -will have to be discharged
without' a verdict having been reached.
Rumors to the effect that one ot
the jurors had been approached were
common. They arose from an epi
sode in the courtroom folio-wing
Judge Dunne's admonition to the
jury, -when H. L. Cook, one of tie
jurors, stepped forward and asked to
speak to the judge alone.
I "You can rmt do so," said Judge
| Dunne, and Cook moved awray.
Sensation Is Created ' .
Cook's request, coming as it did
right on the heels of the court's ad
monition, created a sensation. Later,
when it developed that tEere was slim,
hopes of the jury being able to agree
upon a verdict, the common talk was
that Cook had some information
[about attempted bribery which he
wished to disclose.
The jury went out at 11:43 a/m. and
at 4:30 p. m. returned to say that it
was unable to agree.
"This is an important case."* said
Judge Dunne, "and it has consumed
much time already. Under the circum
stances, I do not see my way clear to
discharge you just at present. Is It a.
point of fact or of law upon which yoa
•'"The difference arises from the testi
mony, your honor." said Alfred Haas*,
the foreman and. incidentally, th«
youngest man on the Jury.
Says Evidence Js Clear
'The evidence." said Judge Dunne.
**is to my mind clear and well defined
one way or another. Before I send you
back again I wish to ask you — and I
will not mention you all by name, but
speak to you collectively— wLether any
of you have been approached by any
one since the inception- of thls-trial?"
There was a dead silence. After a few
minutes Judge Dunne ordered the jury
to return to the- jury room. As th«
jurors were filias out Cook, who was
last, stopped and said:
rTour .honor, I would U^e to speaK to
you for a moment. alone."
"You can not do so," retorted th<*
Cook said not another word, but filed
away'with the other jurors";^
News. from ths jurrrooro^durlna th».

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