| Show JURY RETURNS VERDICT VERDICT- fREEING EX MAYOR EX-MAYOR AND AD ATTORNEY IN SIX HOURS Probe Begins in Alleged Jury Tampering e 1711 Attempt and Loss of Evidence From Hands I of T J A Thi Third d district court jury Saturday had acquitted Salt Lake Lake A tj City's former mayor E E. E B B. B Erwin and Richard O. O Pearce an attorney attorney at- at at- at i torney of profiting on June 1 1937 from from- the earnings of wom women rt engaged in prostitution J i Meanwhile postponement of the thee trials of the two men on similar charges arising from other grand jury indictments that they profited in like manner September 5 1937 was seen as result of Judge Herbert M. M Schiller's announcement Judge Schiller announced from front the bench Saturday morning that his court will not be in session Monday the date set for trials on the later counts No substitute date was set The jurys jury's verdict was returned Friday at 1130 p p. m m. after the six men and two women had deliberated nearly seven hours When the jury filed back into the courtroom Bryan R. R Scare the foreman informed Judge Schiller one of the defense exhibits was missing missing- from the jury jUlY room Judge Schiller ordered him to o oread read the incident into the court record According t to the information informs I tion when the jury was temporarily absent from the jury ro room m the exhibit ex ex- hibit was left in n the room When the Jury x returned turned to its its deliberations it was vas discovered that thata a defense exhibit consisting of 18 receipts given to Mr Erwin Erwin Erwin Er Er- win for for payments made on a note owed to a former business associate associate associate asso- asso asso asso- was missing Testimony concerning concerning concerning con- con the payments was one of the sensations of the long trial The associate Benham Hunsaker Hun- Hun saker Ogden business man was one of the states state's witnesses Jurors expressed belief that the jury room had been entered while the were temporarily absent ab ab- sent and their papers including the verdict forms disturbed The forms were crumpled The exhibit was missing The exhibit was found Saturday at 7 0 a. a m m. in one of the mens men's lavatories in the city and county building by William Rook Major Major Major Ma Ma- jor street father of William R. R Rook Major street a janitor The elder Rook was assisting his hisson hisson hisson son in janitorial work worl when he found the exhibit Judge Schiller said Saturday that he has ordered a thorough investigation investigation investigation gation of the incident It was understood understood understood un un- un- un that the county attorneys attorney's office and the district attorneys attorney's office office office of of- fice are both working on the in in- in The exhibit had not been harmed and was WI S in good condi- condi i. i tion Meanwhile it was learned that th tt t District Attorney Calvin W W. Raw Raw- afy 4 1 lings and Parnell Black associated ted in prosecution of the trial are areil in in ins s a rumored attempt attempted aik jury ury tampering or hint at tamper tamper- ing s sIt It was learned that Burton W. W c Musser associate defense attorney in iii the Pearce Erwin-Pearce trial earlier f this week reported to states state's coun- coun counsel couri 11 sel set that a man had approached him with an offer to engineer a hur hunk hung g Jury jury- ry- ry V A S 'S Other than to say ay I have leave given liven all the information to Ul the proper t authorities Mr Musser would woud not comment Saturday f However er Mr Rawlings Ra con con- conI n I t Continued on Page Three s wi Column Five ERWIN PEARCE WIN ACQUITTAL Continued from vane pace one firmed reports of the incident and said he helms has taken personal charge of an investigation into the af af- af- af fair r Judge Schiller r informed of the incident said If there has been suspected attempted attempted attempted at at- tempted tampering with the jury it is a vital concern of this court It is one of the most serious crimes known known to law I have been in informed informed informed in- in formed of the report and the county county county coun coun- ty attorneys attorney's office informed me itis it itis itis is being investigated According to the story of the incident which was wis reported immediately immediately im ins- mediately by defense attorneys s 's sto to investigators the incident began began be be- gan last Monday when an unidentified unidentified un un- identified man approached Mr Erwin Eruin and then Mr Musser asling askIng asking ask ask- ing Do you want a a hung jury Startled Mr Musser brushed the theman theman theman man aside but later attempted to engineer him into a trap to be sprung with aid of the county at attorneys attorney's attorneys attorney's attorneys attorney's at- at torney's office Mr Musser and his associate H. H L. L gave full details of the affair to ties The plan to trap the man however however however how how- ever misfired The trap was to have been sprung Wednesday The man reportedly contacted Mr Musser at le ehst st t twice between Monday Monday Monday Mon Mon- day night and Wednesday morning He is said to have told Mr Musser that he could arrange a hung jury if paid a certain sum of money Mr Rawlings said all efforts to locate the man but failed but that two investigators are on his trail and I should have a report this af af- af- af Investigators expressed gratitude ti- ti tude for the whole hearted co cooperation cooperation cooperation co- co operation of de defense ense counsel in immediately informing states state's at attorneys attorneys attorneys at- at of the incident and for the unstinted efforts of Mr Musser and Mr Ir in attempting to learn the mans man's identity and trap him bliss Investigators also were working on a theory that the man may have been a chiseler or small time racketeer who made an abortive attempt to cash in on a wild idea They also were of the opinion that the man if found could be convicted convicted convicted con con- of no nc offense but contempt of court for making such remarks during court proceedings After discussing the incident Mr Rawlings added that the verdict ver ver- dict diet of the jury in iii acquitting Mr Erwin and Mr Pearce will in no noay noway noway way ay deter us from going forward with ith other cases Both defendants present in court with their wives when the verdict was returned were embraced by their respective mates and manifested manifested manifested mani mani- their satisfaction with outcome outcome outcome out out- come of the 12 day 12 ay trial by shaking hands with members of the jury Retiring to deliberate on the verdict verdict ver ver- dict diet at p. p m. m the jury was called back to court at p. p m. m and sent to dinner by Judge Herbert M. M Schiller when Bryan R. R Se Scare Seare re the foreman indicated no verdict had been agreed upon but said progress progress ress ross was being made Deliberations were resumed at p. p m. m and at 10 o'clock Bailiff William N. N Eldredge was instructed instruct instruct- ed to call the jury into court again Original purpose of recalling the jury at that time was to instruct its members they would be confined at ata ata ata a local hotel for the night and be expected to resume their deliberations deliberations deliberations delibera delibera- Saturday morning All members of the jury told Judge Schiller they desired to continue continue continue con con- their deliberations until a verdict verdict ver ver- dict diet was reached or it became apparent apparent apparent ap ap- ap- ap parent that a unanimity of opinion on the verdict was impossible A concurrence of all jurors is required by law in a criminal case A further consultation of judge and counsel resulted in a stipulation stipulation stipulation lation that the verdict when lien reached mi might ht be sealed to be opened by the court at its next regular session beginning at 10 a. a m. m Saturday That order however was later vacated by the court when within an hour word was sent the judge that a verdict had been signed Notification that the jury had agreed on a verdict was r received by bythe bythe bythe the judge at 1057 p. p m. m and when it learned that all counsel and the defendants were available it was decided to receive the verdict at atthe atthe atthe the same court session Im happy Im I'm thankful said Mr Pearce after the verdict His statement was Im very happy this thing turned out as it did There isn't much more to say except except ex ex- that Im I'm thankful It means so much to myself and my family I was greatly worried and now that it is over we are very very thank thank- ful Naturally Im I'm plea pleased ed al although although although al- al though I think the verdict was is-as justified said Mr Erwin He declined to make a formal state state- ment The case was the first of a series based on grand jury indictments following probe of an alleged police graft ring claimed by the state to involve a pay-off pay from illegal enterprises enterprises enterprises enter enter- in asserted consideration of protection Three other indictments include Mr Erwin and Mr Pearce as de de- de- de One of them a conspiracy conspiracy conspiracy con con- charge also names former Chief of Police Harry L. L Finch and former Captain of Police Fr Frank A. A Thacker as codefendants |
