Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-31
SUNDAY Law IN COURT.

The first csse for the violation of the Sun
day law was called in the Police Ceurt at IL
o'clock yesterday morning. The Courtroom
was densely crowded, and a great many could
not gain Abundance. Ninety-two jufymen
answered when their names were called. A
bench warrant was ordered to issue for the
non-attending jurymen. The prosecution
was conducted by City Attorney w. A.
Anderson, and the defendant was represented
by Judge T. B. Mcfarland, the retained at
torney of the Licensed Dealers Protective
Association, The case of Jacob Nagele, the
proprietor of the Capital Ale Vaults, on the
southeast corner of Third and j streets, was
called on first. At the bar beside their counsel
sat the Executive Committee OF the Licensed
Dealers-Messrs. Powers, Chesley, Goddard
and Weinrich. =.
The names of the following twelve citizens
were drawn for the jury; they took their
seat in the box and were sworn to answer
questions touching their qualifications to act
as jurymen in the case n. Dipgley, j. u.
Parker, B. f. Pike, J. A. Wilson, U. ID. Al
mond, j. J.. Chadderdon, William Boyne, T.
Stanton, James McCleery, q. L. Ames, j..
Tate and II. Clay Chapman.
n. Diugley did not know defendant nor
where he transacted business. He had not
discussed the case outside of his own family ;
he would decide, as near as his Judgment
would permit, according to law. His MIND
would be free to an open discussion OF the
question. Excused.
J. E. Parker did not know the defendant,
and knew only the general character of the
charge. He had heard the question dis
cussed, and had formed a decided opinion
which went to the merits of the case. DE
was excused.
B. f. Pike knew the defendant and where
he transacted business. He had formed no
opinion as to the guilt or innocence of the
defendant. Judge Mcfarland asked the
juror as to whether he had formed or ex.
pressed a settled opinion upon the general
subject of the violation of the Sunday law.
This was objected to by the City Attorney as
matter not before the Court. Sustained
Objection taken. Juror excused.
J. A. Wilson was not acquainted with the
defendant, and had formed no opinion as to
the guilt or innocence of the defendant.
George D. Almond did not know the de.
PENDANT, but had formed positive opinion as
to the merits of this class of eases. Excused.
J. l.. Chadderdon did not know defendant,
but had heard of the case. He knew nothing
of the case except what he had read, and had
expressed no opinion as to it. As to the gen.
eral character of such cases, however, he had
formed an opinion and had expressed it most
positively. Excused.
William Boyne knew nothing of the case
and did not know defendant; he had formed
an opinion as to the law, but would give the
case fair and impartial trial. He did not
belong to the Association. Excused.
H. Clay Chapman stated that his mind was
made up and he did not think evidence could
change it. Excused.
The names of L. Elkus. James McCaw,
Joseph Rothfeld, George 1. Lytle, Thomas
Harper, Joseph Wiseraan, Thomas L. Acock,
N. w. Robbins, Manuel Dubois S. j. Jack.
son and Henry Langton, were called. There
was considerable sparring between the Judge
and the Major in selecting the jury, the
former invariably asking, "Do you belong TO
any church or temperance organization ?"
and the latter, "Do you belong to the League
of Freedom ?" One gentleman admitted that
he was member of the Prest yterian Church.
It is unnecessary to state that he was imme-
diately excused. About o'clock the follow
ing-named twelve jurymen were obtained and
sworn in to try the case J. A. Wilson, l.
Elkus, Thomas L. Acock, Joseph RothGeld,
James McCleery, Jacob Tate, Joseph WISE
man, Noble Fisher. Maurice Gilman, n. w.
hOUDluss Hlduuel DuDOi5 anu y OaChsOD.
Frank Butler was called as witness for
the prosecution, and testified that the Ale
Vaults Saloon was kept open on the Sunday
stated in the complaint 7. d. Walker testi
fed in substance the same as Butler. Henry
Rider, barkeeper in the Ale Vaults, testi-
fed in the same manner.
Officer Arlington testified that he entered
the Ale Vaults Saloon, kept by Jacob
Nagele, on the Sunday complained of. in
company with officer Campbell. That the
saloon was open the same as during the week,
and he saw the barkeeper waiting on Gus
toners and two men at the bar taking a
drink. In response to question by Judge
Mcfarland, he stated that the proprietor of
the Ale Vaults set hot lunch each day. He
saw no one eating, however, on the Sunday
spoken of in the complaint.
The name of officer Campbell was called to
testify, but it being ascartained that he was
on duty at the fire, the further hearing of the
case was continued until 10 O'Clock this
morning.