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14 £ VOLUME LXXXIL—NO. 178. PRICE FIVE CENTS. THE SAN J JUDGE LO RIGAN | HAS QUESTIONED | THE GR AND JURY Boodlers at Bay Madly Seck a Victim L Malice. for Their | Declines to Give Up One Jot of His | Rights as a Citizen and as an | Honest Man. ‘ Nov. 2.—Sensations | sensa SAN JOSE, piled on the courtroom of W. G iperior Court of s to-day in gan, presid- the the Grand Jury for d, of ascertaining who had dis- oceedings of that body with was o indictments against Dwyer, which in- | d been quashed. d to the courtroom during o a free performance Every present ppressed excitement in a high Peace face ost nervous person in the court- t idge himself. D\:rmz: 1gs his jaws twi he tremor of ilkc plainly perceptible in on- f the inquisition he un- alifiedly stated that | ngs were not instituted to e himself, nor to ascertain the alsity of the articles that have ast several days appeared in | His purpose, he announced, as simply to ascertain who the juror or | irors were who had made known the ts that have been published in these | imns. All but Grand Juror T. W. Carroll | jeclared they had not divulged any of the rets of the body of which they are members, though several admitted that | they had been asked for information re- | arding Grand Jury matters. Carroll stood upon his constitutional s and declined to answer any of the ions of the Judge. He gave as his son for taking this attitude that he i been informed by his friends a job nged to cinch him no matter He was further in- | hat his ruin had been ) of the action he had n in matters that came before the d Jury. mply gazed straight and unflinchingly at the | Judge. | So bitter and angry were the words as | they rolled forth in tones of passionate | | fervor, that large numbers of the friends | of the jurist declared he had overstepped | the bounds of justice, decency and dig- | nity, and many regrets were expres ed by | his friends over his malevolent address. Ut is claimed local attorneys that Judge Lorigan had nolegal jurisdiction in | the matter, and, therefore, no right to question, criticize or punish even by rep- rimand any of the Grand Jurors. | by A\l I to answer ques- ns Judge Lorigan assumed the moral | guilt of Juror Carroll and administered to | him one of the most severe verbal castiga- SUPERIOR JUDGE LORIGAN. tions that ever feli from the lips of a jur. ist in this State. During this trying pe- riod Carroll sat quietly in his seat and Grand Juror Carroll declined to say nything after court adjourned in refer- noe to bis treatment, He was satistied 10 JUDGE LORIGAN INTERROGATES THE GRAND :*ti*ktitttii*flti*ittt*it*'ifi*i*i**ii*t *fit**t*:: "“THE CALL” CORRESPONDENT NOT A BLACKMAILER. Mr. Charles M. Shortridge of the San Jose ‘“Mer- cury” Makes Apology. OSE GAN | let time and future developments justify him. At the close of the morning session of the court a fistic encounter took place be- tween C. W. Collins, president of the Purity Clubof Sai Jose, and J. P. Fay, a member of the City Council. Judge Lorigan took no notice of this breach of the decorum of the court claiming he had not witnessed the incident, but hardly had the two men been separated when the Judge, rising 1n his seat, leaned forward and flourishing his arms in a deprecatory manner called out: “‘Gentlemen, that must stop.’’ District Attorney Herrington, to whom Judge Lorigan referred the matter of prosecuting Carroll, is not in town, and is not expected to return this week. H. L. Partridge, his chief deputy, says he will take the matter up as soon as some otber points are developed in con- neciion with it. He expects to be able to do tkis in two or three days. JUDGE LORIEAN MAKES A SCENE Interrogates the Santa Clara Grand Jury in His Own Defense. SAN JOSE, Nov. 22.—Prompt to the second, Judge W. G. Lorigan called his court to order at 10 o’clock this morning. There was & full attendance, many being l compelled to stand. Some minor matters were quickly disposed of and then came the announcement that every one was anxiously awaiting: “The clerk will please call the names of the Grand Jury, and those who are not seated on the bench will step forward and take their places,” remarked Judge Lor- igan. gTl::e Toll was called and all were found present except Lyman 8. Bare. The Grand Jury is comprised of the following citizens: Nathaniel Cook, foreman; Charles H. Cropley, James T. Rucker, socretary; William Phelps, Kobert Walk- er, Waiter L. Chrisman, Robert McCub- bin, Martin Hogan, Harvey Swickard, J. S. Mockbee, Simon Saunders, Fred Ali- man, Friacco Fisner, J. A. Waldorf, Miles Hollister, Frank B. Wise, John Flannery, T. W. Carroll, Lyman S. Bare. Judge Lorigan charged the jury in the following language: “You swear that you will return true answers to all ques- tions propounded to you by the court re- garding matters thai come up in the ses- sions of the Grand Jury.” Affirmative replies were made by all the jurors. Addressing Mr. Cook the Judge continued; ‘‘You are the foreman of the Grand Jury?” “Yes, «ir,”" was the response. “One of the jurors who was called here, Mr. Bare, failed to respond. Of course, the inquiries that I am about to make should be made with all the members of this body present.” Forman Cook informed the court that Mr. Bare was now ill, suffering from in- juries received some years ago, and had not been able to attend any of the meet- ings of the Grand Jury for two months. The Judge made inquiry of Becretary Rucker regarding Bare’s absence and, after referring to his minutes, Rucker in- formed the court that Bare had not at- tended any session of the Grand Jury since September 25 g\ Wy az’ Mercury to-morrow: DEAR SIR: now know to be an error. You are right and I am wrong. and explanation. 2 22424 2 242 X 2 2249 I IR IR AR Addressing the grand jurors, Judge Lorigan spoke as follows: “When your body was called here an oath was iaken by the foreman and a similar oath wa- administered to the members of the Grand Jury. [ will read that oath now.” The oath was then read as follows: You, as foreman of the Grand Jury, will diligently inquire into ana true presentment make of all public offences against the people of tuis State, committed or triabie within this county, of which you shall have or can obtsin legal evidence. You will keep your own counsel and that of your fellows and of the Government and will not, except when re- quired in the due course of judicial proceed- ings, disciose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You will present no person through hatred or ill will, nor leave any un- presonted through fear, favor or affection or for any reward or the promise or hope thereof, butin all your presentments you will present the truth, the whole truth and nothing but the truth, according to the best of your skill and understanding, so help you God. Judge Lorigan then wenton: “Inde- pendent of this oath there are provisions of the law requiring that all matters which take place before the Grand Jury should be held in inviolate secrecy as to any action the Grand Jury may take and any final indictments that may be found. And the same secrecy is equally imposed upon the court. It would be a travesty on the law if the court should be per- mitted to do what the Grana Jury is pro- hibited from doing. “It has gone abroad that a member of the Grand Jury—one member—has dis- closed certain matters which took place before that body. Itis due to you as a matter of justice that this court should bring you here and inquire if such dis- closures have been made. It is a matter of no consequencs whether the matters involved are true or false. My object is to ascertain whether any one of the Grand Jury bas disclosed matters of secrecy. I want to suegest to you now that grand juries are sometimes inclined to think that they are omnipotent. Gentlemen, you are mistaken. I take this opportun- ity of impressing it severely upon your minds that you are laboring under a gross mistake.” Juror Cook was closely questioned as to whether he had at any time or place or to any person disclosed any of the secrets, or tbe proceedings, or testimony, or matters SAN JOSE, Nov. 22.—In connection with the recent articles from this city which have appeared in THE CALL, the following self-explanatory matter will appear in the SAN JOSE, CAL., Nov. 22, 1897. C. M. Shortridge Esq., Editor and Propristor Mercury, San Jose— In your paper of Saturday, November 20, 1897, it is stated in the leading editorial, headed “John D. Spreckels, Attention,” that “‘the writer of the articles from this city can be nothing else than a miserable, faking schemer, if not blackmailer.” I take this means of informing vou that the writer is the under- signed and trust to your sense of honor and justice to correct what you Yours sincerely, were in my employ for nearly three years as reporter on THE CALL, and you were always faithful, honest and reliable. I regret my language so far as it applied to you. from this city, which formed the basis of the article in the Mercury, was the thing Idesired to correct or denounce. the criticism you make, hence I gladly, cheerfully make this retraction CHARLES M. SHORTRIDGE, Editor and Proprietor San Jose Mercury. ok ok et ek ok ek ke Ak ek Ak KRk ek ek ke Ak Rk ek ek ok Aok keok e Kk L. SEIDENBERG. 1 have known you for years. You The report sent My language was open to 22 20 20 2 20 30 2 2 2 20 2 2 2 28 2 2 5 24 22 2 2 2 32 23 2 22 X o o RO K | of any kind which had transpired in the Grand Jury room, 1fso, whether any person atany time or in any place had aporoached him and solicited information concerning such matiers. To all these questions ne answered in the negative. Juror Cropley, on being similarly inter- rogated, replied thai he had not disclosed any of the matters upon whici secrecy was imposed. He stated thav he had talked with outsiders only about those things which were published in THE CALL, and referred particularly to two indict- ments. *‘What did you mean by speaking of in- dictments?'’ asked the court. “I think there were two indictments,” answered the juror “You did not them ?” “No, sir; I was not present when they were found.” ‘When James. T. Rucker, the next juror put on the rack, was asked if any one had approached him and solicited information regarding the Grand Jury, he stated that two gentiomen claiming to represent THE CALL had called on bim. He did not know them, he said, but the name of one was Cremin. This gentleman had handed him a card, but the other did not. He did not know the latter’s name, and could not remember it it he heard it. “Did you give him any information?’’ questioned the court. “Nothing that took place in the Grand Jury room,” responded Rucker. “They had a story and asked me to verify it. I declined to give any information regard- ing it. One part of the story was that you had gone in to the Grand Jury un- solicited. 1 told bim that was a mis- take.” At this point Rucker was sharply inter- rupted by the Judge, who remarked: “I am not here trying to vindicate the court,”” and Rucker’s examination was over. Jurors Phelps, Waiker and Chrisman had divulged nothing, they said, nor had any one approached them for information. Juror McCubben testified that he had been approacihed about certain matters, but had refused to speak regarding them. Judge Lorigan asked him if he had been approached for information for publica- tion by any person ciximing to represen: a newspaper, and he replied that ke had not been. tell anybody about JURY. violated the secrets of the Grand Jury room. Juror Saunders said he had been ap- proached by a person and asked concern- ing the Dwyer indictments, and he had answered that he did not think felony had been committed, and that for this reason the Grand Jury had not indicted Dwyer He was not asked to disclose the name of the man whe had approached him. Juror Altman’s examination was brief and satisfactory to the cour, who then again questioned Saunders, asking him if he bad been approached by any members of the press. Saunders replied in the negative. The Judge asked him if he had not been questioned by town people who wanted to know what was going on. Saunders answered thatsuch was the case. Jurors Fisher ana Waldorf came out of the examination unscathed. Juror Wise testified that he had been asked if the matter published in Tue CaLL was true. He replied, he said, that he had nothing to say. ‘““Perfectly right,” commented the court in a fatherly way. Juror Hollister passed the ordeal in comfort and safety. Jurror Carroll was next on the list, examination was as follows: The court—You have pretty generally attended the sessions of the Grand Jury? Carroll—Yes, sir. “Have you at any time disc'osed to any His B‘B‘BUHD’TEUBKIHMKMMQ NEWS OF THE DAY. Weather forecast for San Fran- cisco: Cloudy on Tuesday, with probable showers. FIRST PAGE. Ban Jose Gang on the Run. SECOND PAGE. Fight for the Boul-vard. Los Angeles Water Works, THIRD PAGE. Supplies for the B:ar. To Save the Seals. Fight for San Pedro. FOURTH PAGE. Captain Lovering’s Brutality. Dixon’s Murder Mystery. Needs of Arid Regions. Can Harden Copper. FIFTH PAGE. Football Men in Training. Water-Front News. Fire on the Warshio Oregon. The Last Ghost Lecture. SIXTH PAGE. Editorial. We Need No Islands. Of Interest to Voters, The Fusion Freeholders. Probable Cabinet Changes, Proposed Annexation of Hawaii Personals and Q -eries. SEVENTH PAGE. Death of John Mallon, Durrant’s Appeal Allowed. News of the Pugilists, David J. Staples Ili. Kasson Caught Again. EIGHTH PAGE. The New City Districts. Trouble for Matron Gilmore. No Appeal for Internes. NINTH PAGE. Buckley Men Laying Wires. Races at Oakland. TENTH PAGE. Commercial Intelligence. ELEVENTH PAGE. News From Across the Bay. THIRTEENTH PAGE. Births, Marriages and Deaths. FOURTEENTH PAGE. Baden’s Robber Has Confessed. Sports at a Rat-killing. Turkey Cheaper Than Beef. Jurors Hogan, Swickard and Mockbee each in turn said they had not in any way | | | : : | E : | | 2000020202022 9220222222902 2222222229920 2R20202020202292222020092029000022000022020080202922 At the City Theaters. | Connnnnnannnconnannensssd