The San Francisco Call. Newspaper, April 20, 1897, Page 9

THE SAN FRANCISCO CALL, TUESDAY, APRIL 20, 18 URORS FOR THE GREAT MR CASE the| Actual Proceedings in Trial Now Under Way. MANY OF THE TALESMEN | CHALLENGED. Some Were Prejudiced, While | Others Were Too [ Willing. | | formed an opinion so strong that hecould | “do the best he could” when it came to passing upon the disputed deeds. Mr. Foote made short work of the gen- tleman when he handed him a photo- graphic copy of the deeds held by Mrs, Craven and asked him to read them. Borkheim struggled with them manfully, but had to give it up as a bad job. He could not read them at all, so he was ex- cused by both sides by mutual consent. At this juncture the court took the cus- tomary noon recess. B. Garratt, the foundryman, was taken in hand by Mr. Pierson whea court reconvened for the afternoon session, and prompily gave it out that he was not qualified to serve as a good juror. He said he had found himself greatly interested in the romentic story of Sena- tor Fair's life and death and the struggle for his millions. He uad read nearly everything printed in the newspapers about the case and bad expressed some | very empbatic opinions botn at home and | 4urin the at the foundry. “Was that opinion such tnat evidence | would be required to remove it?’ asked Mr. Pierson. “I think so, as I still retain that opin- on,” replied the talesman. Mr. Foote asked Mr. Garratt a few questions, but they were of the per- lunctory sort, as he was satisfied that the foundryman would not do. Mr. Garratt was challenged and Judge Slack sent him e Rudolph Samson, an importer of Japan- ese goods, said in response to Mr. Pier son’s long string of questions that he i knew none of the parties connected with | the case. When Mr. Foote took hold of him he confessed readily that he had | not rid himself of it, and therefore could | BOTH SIDES WITHHOLD THEIR | SELECTIONS. A Grand Array of Legal Talent in | Court, A'l Alert and Primsd for Battle. The tria sue in ator James G. Mrs. Nettie «—began esterday minary | e vast es: Slack quarters | room of n, which | ce of workmen. owever, that as soon as again hold his s mod immense is now i It is attendance at ting that the | interest in this est. of the attormeys retained e several interests involved ¥ occupied the major por- ce inside the railing, leay- there for visit Mrs, wpanied by her daughter, on hand early, and took a ediately in front of the jury-box her legal champions, D. M. W. W. Foote, Judge Denson and Brittain. Some distance back from ese notables were arraved the attorneys he Fair children and attorneys repre- senting other interests involved, ail of whom have combined to fight Mrs. Cra- ven’s claims. Mess Tson, Mitchell, He, Craven, accc Margaret, wa: seat t Among these wer: Knight, McEuerney, vd ‘and Wh e that the jury now is to hear was the first d to when Judge Slack took ing and court had red to be in sessio uestion asked by M eman wanted the court to elucidate on the point—that is, to kpow just what sort of a showing they were supposed to make in court. Judge Slack said he had thought that a | tter already understood. Your Honor’s decision that we should | he equitable issues is clear enough to said Mr. Delmas, “but what we | would like to know now is just what issue to be tried. We want to know if we are | 10 try the complaint of Miss Vir-inia Fair rvention as well as the other icula) being selected natter re his nen been t was Delma; except so far as the equitable | not be a Jartial juror. Mr. Foote’s challenge had the effect of severing the talesman from further con- nection with the trial. Richard C. Matteson, a Larkin-street grocer, couldn’t say that he knew any- body concerned in the great case, and told Mr. Foote he had read very little about Senator Fair's estate—in fast, had not botbered himself about itatall and did not want to. Naturally, then, he was wholly unprejudiced and said he guessed he wouid make a good juror. He knew of no reason why he shouidn’t. He had never expressed an opinion about the Fair case, neither had he ever heard anybody express one. There was nothing to do but to pass Mr. Matteson. Unless he meets with a peremptory challenge from either side he Ll serve as one of the twelve wise men who will finally pass upon the evidence. H. B. Burlingame’s responses to Mr. Pierson’s queries were affirmative only in two instances. He had met Mrs. Craven some four years ago, when his son was a pupil at her school, and was also qusinted witn one of the gentlemen meu- | tioned by Mr. Pierson. To Mr. Foote he said he had read consiaerable about the case, but was quite sure he had not formed any definite opinion as to the merits of any of the ever expressed him He, too, was passed. Willism A. Brown had read a good dral | about the case and had talked with people | who_professed to know something about | it. Upon this he had formed an oninion that he was s disqualified him from serving. the part of Mr. Pierson would get him to say tbat he could cast his opinion aside, s0 be was challenged by that attorney | and was excused. The examination of Louis J. O'Fa elicited the information that he boust of no particular acquaintanceship with any of the people interested in the litigation. He knew neys and litigants by sigat only. But he had read a good deal about the develop- ment of the case and the trial of J. J. Cooney, but had not formed any clear-cut opinion. Mr. O'Farreli thought he would make a fair, unbiased juror. Mr. Foote had a few important ques- tions to ask the talesman, and when he did be found out that the law firm of night & Heggertv had transacted busi- ness for his brother, J. J. O'Farrell, the real estate dealer, who not long since went into bankrup The talesman was worklng for his brother at that time. He declared, however, that personally he had never had any dealings of consequence with the attorneys mentioned and was certain he had never discussed the Fair case with them. He also udmitted an ac- ell quaintanceship with Attorney Hefler, but | had | O talked with him rell was passed. Harrie C. Biggs of the California Ma- chine Company had read all about the case, and had formed an opinion that it either. Mr. would take very strong evidence to shake. | He was promptly challenged and allowed to return to his business. For similar reasons Patrick Boland was No amount of questioning on | could | some of the attor- | excused. He did not believe he could rid himself of the opinion he had formed. Owen McHugh was another who-e mind was in such a condition that he would not do for a juror. Sigmund Shoenberg, who deals in tailors’ findings, bad an opinion, too, based upon what he had read and heard, but it was not so pronounced and fixed that evidence mignt not change it. The attorneys for the Fair children were anx- | ious to retain Mr. Shoenberg on the panel, | and fought against Mr. Foote’s challence. | | The court decided, however, that the | talesman had clearly shown himself to be ! biased and allowed 1he challenge. | One of the most interesting examina- tions of the afternoon was that of 8. G. Hoag, a publisher of periodicals. Mr. Hoag knew most of the attorneys in the case—some by sight and others personal- ly—and also knew Judge Cooney. He met the latter at a Republican meeting st cam paign. “Do you know Mr. Delmas, too?” asked Mr. Pierson. | “0n yes, quite well.” | “How long?” “Oh, ever since I met him at that cele- brated Stockton convention.” Mr. Foote inauguraiea the good-naturea Jaugh that followed this remark and Mr, | Delmas jomed in, too. Were you a delegate to that conven- | tion?” asked Mr. Pierson. *No, but I was pretty close in.”” Mr. Hoag acknowledged frankly that he | had kept well posted on the Fair case by | reading the newspapers. He had formed opinions, too, but they were so varying in | their nature that he scarcely knew where he stood at present. You see,” he said, “I would read an | article one day and’ have an opinion or | impression until I would read something | else, and then I would have anotuer. That |is the way it bas been with me right along.” ““Well, how o you stand now?” asked | Mr. Foote, smitingly. “Give it up,” replied Mr. Hoag, with a hopeless shrug of his shoulders. Both sides scemed to like this talesman and be was passed without a challenge. William Z. Tiffany, who is employed in the auditing department of the Southern Pucific Company, said he had conceived quite an opinion and thought evidence would be required to remove it. But the attorneys on both sides rather fancied Jr. Tiffany’s appearances and passed him for later consideration. James F. Ford, a plumber, seemed to fill the bill as regards the freedom of his mind from prejudice, and was not too acquainied with the attorneys on either side nor with any of the parties vitally concerned in the outcome of the trial. He, t00, was passed. _Levi Lasky, who said he owned exten- ve mining proyerties in Inyo County, claimed he xnew very little about the | Fair case. This was because his inability to see well prevented him from reading | much in the papers. In answer to Mr. Foote’s questions, however, he said he did | not think this would interfere with his abiliiy to serve asa juror. He thought he could make a critical examination of any | documents that might ve submitted to the | jury. Mr. Foote jarred the miner by asking | him point blank if it was not a fact that | he was anxious to get on this ju Lasky sputtered for a moment | admitted that he was like Bark he was willin’, you know what is meant by a pre- ierance of evidence 2’ asked M Oh yes, of course,’’ replied Las Well, what is it?" The talesman got into a fearful muddle | and the spectators laughed uproariously at his discomfiture. Judge Slack put an end to the would-be juror's misery by dis- missins him peremptorily. lsaac §. Rosenbaum, an insurance agent, contessed (0 an acquaintance with Mrs. | Craven, which had been formed through | the attendance of one of his daughters at | her school. It was not a very intimate acquaintance, however. Besides Dr. Marc Leving ton and Attorney Foote he knew d then in that | { Judge J. none of the people connected with the case. He had read a_good deal about the Fair estate complications, but had formed tely no lasting opinion. He thousht ke could “try the case fairly and give an impartial verdict, so he was passed by | both sides. | The examination of M. J. Harrigan re- | sulted in his being nassed. He said he did not know any of the people in the case. He had read what the newspapers | had printed about the Cooney case, but bad not formed any opinion. This ended the proceedings for the day and the of talesmen will go | on sgain ) 5 | ] France makes yearly 26,000,000 pairs of | gloves and exporis 18,000,009. In ten | years Great Britain imported 15,000,000 | | per annum, valued at £1,500,000. | DIVINITY HEDGES NOT OUR JUDGES Freedom of the Press Is Not Yet Dead in This City. Jurors Think Candidates Places on the Bench May Be Criticized. for ‘S. M. Shortridge, Attorney for Editor | Marriott of the News Lstter, Outlines the Law. Frederick Marriott, editor and proprie- tor of the San Francisco News Lstter, was yesterday called on in Judge Dainger- | field’s court to defend himself upon the | ple's Horn misdemeanor charge of having libeled B. Hebbard. The room was thronged with interested spectators. 8. M. Shortridge, representing the de- | fendant, asked permission of the court to interpose a demurrer to the indictment, saying that he believed the pleadings to be fatally defective. It that were true it would be imposing a useless expense on the community to go through with a long and in He thought it was within the sound dis- cretion of the court 1o hear the objections to the indictment in order to save the public treasury from an unnecessary bur- den. Attorney julins Kahn, on behalf of the prosecution, insisted thst the defendant had made the offer of a demurrer too late. He urged a trial cn the iseues framed. Judge Dainzerfiela sided with the attor- negs for the prosecution. Ha said, how- ever, that if the District Attorney is doubtful in regard to the soundness of the indictment now is the time for him to| speak. District Attomey Barnes responded that issues herein contained are concerned,” replied the ceurt. All hands then joined in the discussion and it was finally settled by the court ai- recting that the case be proceeded with. Twelve talesmen were then placed in the jury-box, and Mr. Pierson addressed them. He said the case before them arose upon an equitable issue to a cross com- plaint in cjectment. The property in- volved comprised a piece upon the corner ot Pine and Sansome streets and another on sireets, both of which were claimed by Mrs. Craver under deeds of gift from the jat- Senator Fair. It was tne validity of these deeds, he said, that was being dis- puted. Mr. Pierson was about to besin the ex- amination of jurors when Mr. Delmas in- terrupted with the announcement that to his side belonged the affirmative—that he ad the right to open and close. This pre- itated ashort argument, which ended in aruling from the bencn against Mr. Delmas’ position. H. Borkneim was the firct member of the panel examined as to his qualifica- 1ions to serve ds a juror. In response to Mr. Pier-on’s inquiries be proclaimed nimself to be a jair-minded man, and thought he could try this case nicely. Then Mr. Foote took hold of him, and found out that Mr. Borkheim_ had exhib- | ited sufficient interest in the Fair case to a‘tend the preliminary examination of Nowry J. J. Cooney. He declared, how- ever, that it was only curiosity thet 1ok him there, and that what he heard had influencea him in no way at all. Being pressed on another proposition the talesman acknowiedged that he was not good at reading other people’s hand- writing, but if taken as a juror he would the corner of Twelfth and Mission | | LJ O FARRELL W 2Z TIFFANY PUBLISHE HOAG R some respects a vexatious trial. | Prominent Figures at the Trial of Editor Marsiott in Judge | Daingertfield’s Court. S M. SHORTRIDGE I FRED MARRIOTT he drew the indictment and felt great con- fidence in it. Mr. Shortridge asked if there was not a point in the indictment which caused him 1o pause and doubt. After a slight hesitation Mr. Barnes | said he supposed counsel referred to the | question as to whether the editorial in question is really libelous per se. | Attorney Kahn made a brief reply, and the court overruled the defendant's mo- | tion. | The names of the jurors in the box were then read as follows: Charles W. Welch, Kane, Adam Wagzner, John C. Anderson, A. M. Lawyer, Henry K | Dorland, K. Gampi tz, Jobn J. Engler. District Attoruey Barnes read the indict- | ment, which sets forth the fact that last October Mr. Marriott publiched in his vaper, the San Francisco News Letter, an editorial, of which the following s a copy : i 4 WORTHY JUDGE, FORSOOTR! In another part of the News L | an articie y a committe the Peo- Bank deposi showing | adequate cause why Judge Hebbard should | not be re-clected. Tne statements made in this terrible document will cause every honest | man o sh from voting for a creature who is therein clearly proven to be an enemy of | numerous widows and_orp 1 morally | liable for the loss of their that the sort of a man 1o re | s0. In | thatar | is remove RTaces. appears lect Judge? Not Lligent men will learn well the lesson e teaches, and will see 1o it that he from the high position he dis- 1f tools are 1o be elected to the Judi- ciar , the honest men had better get out of the City. But it wiil be more natural for us to relegate the tools to the oblivion they so richly | merit. The publication of this article, Mr. Barnes explained, could not in any event | be regarded as anything more serious i than a misdemeanor. If it could be shown | that the publication was unjast:fiable in a | legal way then a conviciion of misde. | meanor would be asked for by the prose- | cution, The article referred to as having ap- peared “in another part of the News Let- ter” was issued by authority of the com- mitiee of the People’s Home Savings DBank and read as follows: | AN ATPEAL TO VOTERS. | unfair and therefore u Hebbard —solieit of Super nfit person—J. C. B. r Judge at the approa We cannot longer remain silent, since a sen. | sational paper has repeatedly misrepresented facts during the past few s, by stating that opposition to Hebbard came from persons | who wanted to loot the People’s Home Savings | Bank, when the truth is that those who object ilo him are the unfortunate depositors, who suffered by the loof 3 Briefly, the truth is as follows: In May, 1894, depositors in the insoivent People's Home Sav. mittee to look after their interest: Their first efforts were directed toward securing s satis. isctory board of directors. The exisiing board had been prohibited from meeting for any purpose whatever by Judge Hebbard. The committee secured the promise of a majority of the board to resign. Judge Hebbard agreea signing. ~ The next di his mind. Wi ter seiected by were not satis! v the Judge had changea Because the men of charac- depositors (T the vacancles tory to Hebbard's busom sied 1o be the attorney and real man the bank. The appointment of a receiver fol- | lowed. Any fair-minded man would suppose that when the savings of thousands | widows and orphans were being dissi- pated, an upright judge & corporation of truxt and responsibility, or a man of probity and ability to_ lock after their interests. What did Hebbard do? He apoointed as receiver an incompetent, irre- sponsible political parasite, In the person of Johu F. Sheehan, so that his friend Watt be- came the attorney and active manager of the bank. This action of Hebbard was overruled Dby the Supreme Court, when he immediately reappointed Sheehan on another similar ap- plication. Duriug the seven months following Watt so menipuiaied affairs as to vecure control of a majority of the bauk’s stock, when Hebbard graciously discharges the receiver and his bondsmen without a proper sccounting to the court. A bourd of directors selected by Watt was then elected, and pan and Watt con- tinved in office a8 manager and atiorney re- spectively, and a blanket resolution passed by the board wpproving the acis of the receiver. During the eizht : months of the illegal receivership the sum of $42,- 995 41 was disbursed. Receiver Sheehan and Attorney Watt ench appropriated s his salary the sum of $500 per month. In addition large sums werc squandered in fees and junketing trips. No less an authority than the Attorney- General of the Siate has declared that the re- ceiver was not legaily entitled to one cent of compensation for such services. In view of these facts the several thousand depositors in the People’s Home Savings Bank believe that Judge Hebbard more thau any Thomas G. Taylor, R. H. Woods, Charles | | Snortridge or C. B. Darwin or William ! eriticism by the public press. Mr. Welch | { dom of the press iu a general way, but Your attention is called to the fact that an | s your bailot for the position | ng election. | ings Bank orgunized and appointed a eom- | that they might meet for_the purpose of re- | of | would apooint | [ | | 1 | the tabie reserved for the attorneys for the friend. the notorious James Aiva Watt, \\!'\urdAi v prosecution, and 100k notes of %t fol. | and answers, occasionally offering words | of counsel and advice 10 the lawver: | Judge Hebbard ?"’ was one of Mr. Kahn's one else is responsible for the scandalous mis- management of the bank since its fatlure. THOMAS BENJAMIN Lucy, A. L. Casavaw San Francisco, October 16, 1896. This was indorsed in large types with the lezend: **What the representatives of the swindled depositors of the Peopie’s Home Savings Bank think of J. C. B. Hebbard. Snbstantial reasons why he should not be re-eiected Superior Court | Judge of the City and County of San| Francisco.” Charles 8. Welch was the first talesman submitted to examination as to his qual fication to act as a juror. Mr. Barnes was anxious to know if Mr. Welch knew Mr. , Who are associated in the case for the defendant. Being reassured on that important point Mr. Kahu asked the gentleman what he | thought about the privilege of a candidate | for office to be protected against adverse | said be thought writers ought to be given some latitude. He believed in_the iree- | thought that there should be no licsnse | granted to publish outrageous statements. | 7 Mr. Shortridge took neariy an hour to | ascertain tbe feeling of Mr. Welch in re- | zard to libel cases in general, and particu- | | larly whether ne thought tiat candidates | | for positions on the bench of the Superior Court should be treated more reverently | | than candidates for any other office. | This special inquiry was objected to by | Mr. Kahn, and was ruled out. Again Mr. Shortridge inquired whether | the proposed juror believed that any di- vinity hedges about a Judge. When an objection was made to this Judge Dainger- | field smiled and intimated that he would like to know the gentleman’s views on that guestion, so it was drawn out that Mr. Welch thinks that all citizens and candidates ought to be treated substan- | ually alike. He could not subscribe to the theory that there is any divinity that shounld protec: & Judge from criticism. He ought to be passed on by voters just as other mortals are weighed and consid- ered when they are candidates for office. “If a litigant should think that he has been treated unfairly by a Judge, and that the decision bas been prejudicial to his interests, do you think in such a casea Iitigant has a right to criticize the Judze | verbally or in publicaiion?”’ asked Mr. Shortridee. No objection was made to this inquiry, and the gentleman gave it as his idea that | a litigant ought to b: permitted to make such criticism, within the bounds of rea- | son, but it was impossible to get him to | define the limit of such boundary. | So the inquiry proceeded in a sprightly | manner throughout the day. | In the afternoon Deputy District Attor- ney Walter Hinkle appeared (0 assist in the prosecution, taking his seat beside Judge Hebbard, who occupie! a place at questions Do you know Alvinza Hayward, Cross, administrator of the Hooart es:ate, T. H. McCarthy, E. F. Kendal, Thomas Wiliiams Jr. and the other persons who were indicted on a charge of libeling stereotyped questions. On the other hand Mr. Shortridge want- ed to know if Attorney W. T. Baggett, “who was mixed up in some kind of a Haie & Norcruss litigation,’” was known to | the pro-pecuive juror. Following this up the same question was usked in regard to Attorney H. W. Hutton, Attorney Henry E Highton, Attorney James Alva Watt, General John F. Sheenan, Colonel George Stone, ex-City Counselor John A. Durst, | ex-Attorney-General W. H. H. Hart, W. | M. Fox, Attorney Henry Eickhoff and | half a dozen more gentlemen, who were | by inference joined in the number of | those who are seeking to press the prose- | cation in this case. | Incidentally it was developed that jurors hold to the opinion that news- papers have a right and ought to be privileged to criticize candidates for posi- | tions on the judicial bench. Ten jurors were examined and passed for future consideration aund action by counsel. Proceedings will be resumed at 10 o’clock this morning. $1000 REW ARD. principled “quicks.” Di. PIEKC: & ¥rancisco. The following_droggists are agent 5t0ck10D, 8ud GEORGE G. MOREHEAD, San Jose. NEW TO-DAY. 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