The San Francisco Call. Newspaper, March 24, 1896, Page 11

THE SAN FRANCISCO CALL, TUESDAY, MARCE 24, 1896. MRS DAVIDSON NOW IN COURT, Securing a Jury to Try the Charge of Ex- tortion. SEVEN JURORS CHOSEN. Judge Bahrs Would Not Allow the Defense a Con- tinuance, ENIGHTS PLEA FOR TIME. He Wants Mrs. Tunnel!, Mrs. Bad- din and Miss Overman as Witnesses. Once more the Brown-Daviason scandal is struggling upward toward public atten- tion. It is again in court, but this time itisno ministers’ council which is trying that she cannot proceed without these wit- nesses named, She has no personal knowledge of the whereabouts of Miss Mattie Overman but what she has gained from newspaper Te- port. When last heard of, according to news- paper report, Miss Overman had left Lower California, and was in the neighborhood of San Diego. The affiant asserts that both these witnesses named are in communication with and in fact are under the command of Dr. .Charles O. Brown. On Friday last, the 30th inst., knowledge came to this affiant that subpenas which had been got out for these witnesses thad not been served; that,actingupon this knowledge, this affiant, by her counsel, caused foreign subpenas to be issued by the Judge of this court, with directions to have them served upon Mrs. W. J. Tunnell and Miss Mattie Over- man in their placesof hiding. These subpenas are now in the hands of the Sheriff. Such being the case, Mrs. Mary A. Davidson asksa continuance of this case. All that is asked is a reasonable delay, in order that ser- { vice of subpenas may be had upon the two witnesses named. The affidavits had but small weignt with the court, however, for Judge Bahrs de- nied the motion for a continuance. The witnesses were out of the jurisdiction of the court, he said, and there was nothing to show that they could be brought back for the trial. Knight excepted, and then twelve jurors were called into the box. Hinkle made the opening statement to the jury. It wasshort and to the point, and contained only a passing explanation of the charges against Mrs. Davidson. He also read the information against her. C. A. Devlin was the first juror under examination. He easily passed Mr. Cook, who asked the prosecution’s questions, but not so with Mr. Knight. Knight asked him first if he knew any of the parties in- terested. Then he wanted to know if the juror was a church member, where he went to church, how often, and what he opinion. He confessed to being 2 man of religious principles, and he did not like to see such a scandal as the Brown-Davidson case in the church. He would give the evidence his unbiased attention. He was accepted. L. W. Johnston was of a similar mind, and so was John Nolan. Both were passed and accepted, and then the box was filled again. Counsel had secured four jurors out of the twelve talesmen examined. H. Kosminsky, W. Weston, W. B. Hicks, H. Hoffman, John Brophy, J. C. Gardener and Claus Atten were the next men sworn to answer questions. - Mr. Kos- minsky’s examination proved interesting. He was asked what he thought of a minis- ter charged with the offense upon which Brown had been tried. The prosecution objected again. Dr. Brown was not on trial, said Mr. Hinkle once jore, and the court seemed to agree with him. It was not a material issue, said Judge Bahrs, whether or not Dr. Brown had been guilty of improper conduct. “But you say in your information,” pro- tested Knight, “‘that the charge against him is doubly hard on him because of his ministerial standing. I wanttoknow how these jurors look at it. “We are not trying Dr. Brown now—or at least just now, but I can ask those questions if for nothing more than to base a peremptory challenge.” Knight's line of inquiry was stopped there, however,'and he took up another instead. He asked what the juror would think of the absencs of Mrs. Baddin, Mrs. Tunnell and Miss Overman from the trial. “They were material witnesses for the defense, and would the juror hold it against the defendant if they were not put on the stand? Would he believe the defense when it was announced that they were not to be found?”’ All this was sub, e i Al Attorneys for the Prosecution, With the Brown Family as Auxiliary Counsel. the case; itisno churchlaw which will be applied to objections and demurrers. There is no judge advocate—each side must run its own case—and there will be no addresses to the court by the prose- cuting witness; “he must speak through his counsel or testify under cath. There is no lack of counsel in the case before Judge Bahrs, but it iz not evenly distributed. There are three lawyers prosecuting the extortion charge against Mrs. Davidson; there is but one defending her. Carroll Cook, Davis Louderback, both special counsel, #énd Walter Hinkle, Assistant District Attorney, arranged ihemselves in a row along the prosecutor’s table. |Behind Cook was Dr. Brown, behind Louderback was Mrs. Brown, be- hind Hinkle was Vally Brown, and to the side was Detective Seymour. Knight and Mrs. Davidson sat by themselves. The defendant was as calm and placid as she has been all through the trial. She still wore the little bonnet with purple violets and the white veil, which became so familiar during the Police Court exam- ination, and she appeared much less dis- turbed over the situation than did the contineent which formed the group for the prosecution. Dr. Brown took more than a passive interest in the proceedings. He leaned forward frequently and spoke to Cook, and at every whispered council of the attorneys he drew his chair forward and joined in. Mrs. Brown, Valley and Detective Sey- mour were silent spectators all through the day. They had, really, but little to listen to, for the day dragged along under the examination of jurors. The proceed- ings opened, however, with a motion by Mr. Knight for a continuance. He said his most important witnesses— Miss Overman, Mrs. Tunnell and Mrs. Baddin—were not present, and it wounld seriously embarrass his case 1f hé were compelled to proceed without them. He raid he had asked the police to subpena the witnesses named while they were still in this State, but that now they are in En- senada, in Lower California. Knight said he had had affidavits prepared, but they had not yet arrived in court, so, if allowed, he would dictate a statement to the court reporter, and he would swear to that as an affidavit. This permission being granted, Knight dictated as follows: George A. Knight, being sworn, deposes and says thest on the 2d day of March, 1896, he caused subpenas to be taken out for the ap- paarance 8t this trial of Dr. C. 0. Brown, Mrs. W. J. Tunnell and Miss Mattie Overman. That he, George A. Knight, went with the subpenas to the Chief of Police and requested him to have them served on the parties named. That he notified the Chief of Police that the parties would be present at the church council that afternoon, and that it was epprehended that Miss Overmen would leave the jurisdiction of this court. Those’subpenas were not and have not yet been served upon Miss Overmsan and Mrs. Tunnell. And the deponent says that he cannot proceed to trial without the presence of Miss Mattie Oyerman, who is a most mate- rial witness, and that the same applies to Mrs. W. J. Tunnell. The other affidsyit is sworn to by Mrs. Mary A.Davidson, the d€fendant in this case. In that the affiant asferts that she expeets to prove by Mrs. W. J. Tundell that there existed and still exists a conspiracy for the purpose lof falsely accusing’ her, Mrs. Mary A. Davidson, of the erime of extofgion. She expectsto prove that Dr. Charles . Brown paid to Mrs. W. J. Tunnell money with Which to departout of the jurisdiction of this cobrt, and from attendance at the church conndl, as well as this trial. Thatshe, the afliant. i§ urable to prove theex- istence of this conspirecy without the aid of Mrs. W. J. Tunnell and Miss. Mattie Overman, Mrs. Davidson expedts to prove that Dr. Charles 0. Brown also caused Miss Mattie Over- man to disappear,and 10\go into place & of hid- ing for no other purposesithan to avoid attend- ance before this court, &ld the affiaunt staies thought of pastors generally. Then his newspaper education, so far asit related to the case, was included. The juror said he had read the newspaper reports of the council trial, and he told Knight that he disagreed with the verdict rendered. Be- sides the juror did not think he would make a fair and impartial judge of the case, and Knight challenged. Mr. Devlin was let go. George Walcom’s turn came next. Cook had but little to inquire about, and Wal- com soon passed the prosecution. Then Knight took him in hand and proceeded to get his opinions on the conduct of min- isters and the relative degree of 1niquity attached to their errors. Hinkle objected. He didn’t see the use of roaming all over the mental processes of the talesman just to find out whether or not he wasa fit juror for the case. He said Dr. Brown was not on trial, and his name should not be dragged into the case. Knight submit- ted that he had a perfect right to ask the juror what he thought of Dr. Brown, just as he had a rigkt to ask the jurors what they thoughtof Mrs. Davidson, and to sup- port his position’ he dia ask Mr. Walcom what he thought of Mrs. Davidson. ' The juror did not see anything in Mrs. David- son which was repulsive fo him, and so aiter a few more words the juror was passed. C. 0. Deming, who came next on the list, passed both sides easily. He was eminently satisfactory to Mr. Cook, and in reply to Knight's searching queries he had none but satisfactory answers. His news- papers had not biased his judgment, the crime of extortion had no particular abhor- ence to him, any more than that it was a crime, and he thought ministers were no more entitlea to a peculiar brand of justice than were the members of their congrega- tions. He was passed, but afterward a per- emptory challenge from Knight excused him. H. Maskow had an opinion and he was let go without further parley. W. H. Wharff wore the Grand Army button, so his examination took a mili- tary turn. Knight wanted to know what he thought of his comrades and if he would not be lenient with them when he could. “He would help them, wouldn’t he? When, as in this case, the verdict might mean a great deal, he would give a Grand Army man a little consideration, wouldn’t he—a little better show ?” These questions did not strike the prose- cution as being proper. Dr. Brown wears the button, too, and once more Mr, Hinckle’s voice was raised in protest. Again he said Dr. Brown was not on trial there in the court, and counsel bhad no right to raise such questions. But Knight exhausted anotuer peremptory on Mr. ‘Wharff, so he left the panel, anyway. J. Newbauer knew nothing about the case nor any one connected with it. He thought he would make a gooa juror, but the defense thought not, &nd a third de- fendant’s peremptory removed him. W. Felitz had read the testimony and had formed an opinion; so had D. C. Bates, and both were excused for cause. David Gorman passed Mr. Cook on his newspaper record. He had read the testi- mony, but had formed no opinion. He is a comparatively recent arrival, and has not yet fathomed Western ideas. He was satisfactory to the court, s» Knight used another peremptory challenge to secure | his release. \ H. A. Marvin admitted that while on a question of sentence he would be more lenient with a woman, still on a question of guilt or 1nnocence he would treat both ! alike. Mr. Marvin bad read the papers, | but his reading had brought him no mitted with great earnestaess, and at the end of it all Mr. Kosminsky was excused on a peremptory challenge by the defense. ‘W. Weston had opinions, and so was unavailable. H. L. Judell was letzoon a defendant’schallenge. W. B. Hicks would hold that Mrs. Davidson was guilty until she proved her innocence, and even the prosecution thought him superfluous. Henry Hoffman satisfied both sides and was accepted, and Claus Ottin’s senti- ments regarding scandals and ministers were too much for the prosecution. They used the first people’s challenge on Mr. Otten. To fill the vacant chairs some more talesmen were called forward. J. W. Bteinart was accepted; so was J. H. Bilser. 8. M. Smith had an opinion—just a little one—not sufficient to disturb his judg- ment. His opinion was too strong for the court, however, and he was excused. D. A. Williams had not read the papers, and did not know whether the last event at the First Congregational Church was a funeral or a thanksgiving feast. There were flowers there he knew by the pic- tures, but he knew nothing further. He did not even remember Dr. Brewn’s text of the day before. He did not know Mrs, Tunnell, Mrs. Baddin nor Miss Overman. He did not know where they were. He did not know even whether they were in California or Mexico. This bit of ignor- ance pleased Dr. Brown immensely, and he pulled Cook back until he could whisper in the attorney’s ear. Then he sat back and smiled. Knight wanted to know further if the juror had ever been mixed up in a church scandal. Yes, the juror was at one time a member of an investigating council. “Was the verdict upheld by the congre- gation?” queried Knight. The jurordidn‘t know. And the juror would give no more credence to the sworn testimony of a min- ister than he would to that of a lay- man? The juror thought not, and Knight passed him. The “people’’ challenged again, however, and Mr. Williams was lost to the case. C. W. Stoffers was in a very satisfactory state of mind, but he did not ring true to the defense, and though Stoffers was a church member, he was allowed to go on Knight’s challenge. J. D. Rohrs was passed, but let go on a people’s challenge, and J. B. Batton was biased. For the third time Charley Fancher, the court clerk, opened his tin jury-wheel and he drew out the names of E. E. Ames, T. P. Duley, W. M. Dye, J. Witt and Francis Thomas. Then, it being 4 o'clock, court ad journed. During the day there were twenty-seven talesmen examined and seven jurors se- cured. The defense has used seven of its ten peremptory challenges and the prose- cution has used three of the five allowed it. All through the day counsel for the prosecution gave evidence of an intention to tight to the last every effort to get Dr. Brown into the case except as prosecuting witness, and Knight gave evidence of the fact that he understands the situation. Junta’s DListriet Clubs. The meeting of the presidents of the district clubs held at the headquarters of the Junta, room 17, Flood building, was well attended last evening, but nothing of importance was transacted. Chairman Sullivan called the meeting to order in the little room bebind the sliding doors and -a general discussion occu- pied-an hour or more as to the best methods of putting life into the campaiga. The organ- ization of clubs, features to attract members and interested attendance were canvassed, There were eighteen presidents in attendance. These meetings for reporting progress will be be held once a month. ——————— You may some day be glad you used Mitch- ell's Mugic Lotion when you ached. bd BATTLE FOR FAIR BATES, A Serious Controversy Pending Over the Eureka Traffic Situation. NO DISPUSITION TO YIELD. Both Sides Are Fully Determined to Maintain Their Respective Positions. There is now every indication that a well-defined issue is to be raised by the principal merchants of S8an Francisco in the effort to bave rates to Eureka from this City and Portland respectively fixed on a mileage basis. More than usual interest and import- ance attaches to this siiuation as it is one of the few instances where the most influ- ential commercial interests of the City have arrayed themselves in a solid phalanx against what they considered a discrimination on the part of a transporta- tion company. The prime actuating idea on the part of the commercial bodies in- volved in this controversy is that there is’ an effort being made to favor Portland at the expense of and to the injury of San Francisco. Attention was first called to this alleged discrimination through the Traffic Asso- ciation, which charged that the steamer South Coas t, overated by the Oregon Rail- way and Navigation Company, of which Goodall, Perkins & Co. are the local agents, was carrying freight from Portland to Eureka at lower rates than was being charged by the. Pomona, cperated by Goodall, Perkins & Co., from this City to Eur€ka. As a result of the action of the Traffic Asseciation there was a special meeting called by the Board of Trade of San Fran- cisco, to which representatives from the €hamber of Commerce,Manufacturers’ and Producers’ Association, Traffic Associa- tion, Merchants’ Association and San Francisco Fruit Exchange were invited and at which the Board of Trade was also represented. < At this meeting a sub-committee was wpointed. consisting of Traffic Manager . B. Curtis, A. L. Scott, W. R. Wheeler and T. J. Parsons, and instructed to- place the matter before Goodall, Perkins & Co. in the manner they thought best. This committee met, and, after duedeliberation and consideration of the matter, Mr. Cur- tis was authorized to communicate with Goodall, Perkins & Co., reviewing the rievance of these six Bodies and snggest- ing as a remedy that rates be readjusted on a mileage basis, To this the cqmpany representing the Oregon Railway and Navigation Company sent. a reply on Friday last virtually de- clining to make the concessions asked. Their reasons for this stand are partially summarized in the 1ollowing§lra aph, quoted from the letter sent to Mr. g;rtis: “We should judge there is an average of fifteen to twenty vessels per month satling from San Francisco to Eureka, while there are about two per month from Eureka to Portland, and these are small, slow and irregular. At even rates, with these ad- vantages, are we to infer that San Fran- cisco cannot hold her own ?”” In this letter it was also stated that the freight rate from Portland to Eureka on the South Coast was $1 and that the same rate had been made by the Pomona from San Francisco to Eureka when the matter was first called to theattention of Goodall, Perkins & Co. There was a meeting yesterday of the special committee of I;our appointed by the joint commercial bodies which lasted nearly three hours and at which the reply of Goodall, Perkins & Co. was discussed, with the result that the whole matter is to be again referred to the joint body of the six commercial organizations named, which will hold a special meeting this afternoon at the Board of Trade rooms. The committee considers that it has no further power to act in the matter, but that its duties endea with sending the communication to the steamship agents and receiving the latter’s reply. It is understood that the report of the committee will recommend that the posi- tion originally taken at the joint meeting declaring for a readjustment based on a mileage basis be maintained, and there is every liklinood that this recommendation will be adopted. If thisis done the 1ssue will be fairly made, anda bitter contest will in all probability be precipitated. One of the committee of four, speaking of the situation, said it was brought about by the action of the Oregon Railway and Navigation Company in placing the steamer South Coast on the route between this City and Portland and way ports in the effort to drive the Alice Blanchard and Empire of the Northern Pacific Steamship Company’s line from that field, but more gnrncular]y to prevent competition in the ortland-San Francisco traffic. YOSEMITE TOURISTS. The Season Opened Under Circum- stances That Promise Well. Fourteen tourists took advantage of the opening yesterday of the road to the Yo- semite Valley for the season. This 1s an unusually large number for the first ex- cursion of the year, and is considered to augur well for the future of this business. In order to accommodate this class of travel a special train was put on yester- day, which will be run through the sum- mer, It will leaveat 4:30 p. ., connect at Raymond wifh the stage to Yosemite, and be run to Fresno. Sam Miller, the local agent for tourist travel to the Yosemite, reports the road from Ravmond to the valley to be in ex- cellent condition. flsmart Broadway, New York, druggist has this sign hanging outside his store;, it marks the new era of drug selling. Is it any wonder that he has to enlarge his quar- ters, that his clerks are busy, and that his store is one of the most popular along the leading ‘thor- oughfare? ou can afford to trade with a druggist that has such a motto as that. 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Ay SANFRANCISCO & NORTH PA- CIFIC RAILWAY. €0, Tiburon Ferry—Foof of Market St. San Franci WEEEK DAYS-7:40, 12:33 8:80, 5:10, 6:30 P. . xtra trl #611:30 p. M. Saturdays—Extra trips at 1:55 and 11:30 ». . - SUNDAYS—8§:00, 9:30, 11:00 &ooa.; 1:39, 8:30 6:00, 8:20 P. 3. San Rafael to San Francisap. WEEK DAYS—6.25, 7:55, 9:30, 11:10 A. a3 12:45, 8:40, 5:10 p. M. Saturdays—Extra trips at P. M. and 6:35 p. M. | SUNDAYS_8:10, 93405 11:10 A 3.; 1:40, 3:40, 5 P. . :00, 6:26 P. M. Between San Francisco andSchuétzen Park same schedule g abev . Leave Indect Arrive San Francisco. | "GRG " | San Francisco. b mmerr TR (s £ [ Mg By e oo WEEK | SuN- SUN- WEER Davs. | pavs. | Destination.| 5 g Davs. 40 A Novato, |1 0 Petaluma, Santa 8:15 Px ! I 5| Fuiton, 7:40 ax| © | Windsor, 10:30 Ax H H ealdsburg, Geyserville, 8:30 px[8:00 ax| Cloverdale. | 7:30 #xt| 6:15 7ut Pieta, Hopland & 7:40 axl] 8:00 Ax kish. | 7:30 pa| 6:15 Pu 740 Ax 10:30 ax 8:00 A2 |Guerneville, | 7:30 P 8:50 rx 6:15 rx A 8:00 M| Sonoma |10:40 AM| 8:50 AX l:wulnm PM and ©6:00 px| 6:15 Pu | Glen Eillen. 10:30 A Sebastopol. 6:15 P Stages connect at San Rafae! for Bolinas. Stages connect at Cloverdale for the Ge: tages connect at Pieta for Hig Springs, Kelseyville, Lakeport. ‘Stages connect at Ukiah for Vieny Springs, Blas Lakes, Laurel Dell. Upper Lake, Booneviile, Green- wood, Mendocino City, Fort , Usal, We Cahto, Willetts, Calpella, Pomo, Potter Valley, John :Jfi'h Lively's, Gravelly Valley, H; Eurexs. Saturday t0 Monday round-trip tickeis a: reduced RAILROAD TRAVEL) £quo syyBiu AvpINIRG PUS SUPSINT, ‘SSPUORY {4 £[00 £ATpSIN, [y *£(ub ssepung § “£[0 SAUPIIT 4 U00WIRNV 10§ I D21U00X0 SATURS ¢ S0y 10 V wa00T 55 00Ce O0F . 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RYAN, Surppey pus ‘JuAtt HoO W s ass. Agent. | TUX uovy gomimyy aawrA URMOT V0L et | dEWiS pur UIPI( ‘SN NIV YOO:L _ Weak Men andWomen “=— = === 00— == HOULDM‘US‘E DAla!xAdNA gITTEBS'LT.H‘E great Mexican Remedy: gives Healt Strengtl to the Sexual Organs. DNVHA NVS T GAIIIC ©) SUP AW PUN DAWI] VUTWIY, Cxmusas oratova) "ANVAKOD OIJIOVY NHAHLAOK