Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-06-12
Proceedings to Test the Legality of ths
indictments Against Hisa.

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indictments Against Hisa.
SAN Francisco, June 11th.-The County
Grand Jury recently found eighteen indict.
ments against H. ]. Palmer for forging the
names Of workmen on the ranch of eE-
Senator James 6. Fair, in Yo,o county, Of
which he was foreman, to receipts for
wages, etc. The attorneys for the defend
ant moved TO set aside the iEdictments, on
the ground that the forgeries were not ccM-
mittec in this county, nor were the alleged
forged papers legally transmitted from
Yolo county; ans, further, that the proper
number of Grand Jurors (twelveD who
found the indictments, cid not hea- the
testimony in Che matter; or, in other
words. that only eleven Of the jurors find
ing the indictments qualified to DO 50. In
order to test the legality of the indictments,
Judge Van &eynegoE summoned the
Grand Jurors to appear in Court today to
answer questions.
At51:30 o'clock the proceedings began,
the defendant being represented ICY alter
neys g. B. e. Hayes and A. L. Hart; Dis
triut Attorney Page, assistant District At
torney Campbell and E. s. Pillsbury APP
pearing for the people.
Mr.. Hart urged ss another erection to
the indictments that the names of the wit
nesses who testified before the Jury did not
appear on the indictments.
The defendant was then arreigned upon
one of the indictments and his attorneys
moved to set it aside upon the grounds
above stated, and especially that the name
of witness D. W. Cavanaugb did not ap-
pear upon said Indictment.
II. j. Hart wes the first witness called.
He testified that he is Secretary of the
Grand Jury. Ee did not know whether
he had the minutes of the jCry proceedings
in his safe or not.
The witness was excused until P. NJ,
and instructed to produce his minutes IN
Court at that time. He stated that the
minutes were Kept on slips o. paper.
.. +. Wiley, another Grand Juror. was
called to the witness stand. He testified
that L. "A. Grant, member of the Jury, is
now in the Eastern States. At all of the
examinations of the Palmer matter there
was a,quorum present. At no time was
more than two or three of the Jurors alb.
sent. The first examination was in refer.
ence to 1929 for thoroughbred mare.
nes?"
II think he was.''
did he testify as to certain conversation
he hadrwith Mr.. PALMER"
The District Attorney objected to the
question, as it was prohibited by law to
ask juror what testimony was given be-
fore the jury.
Objection sustained and an exception
noted.
The witness then said: II would not be
positive that Cavanaugh was witness.
The matter was going on for month or
SO, and l cannot recollect the names of all
the witnesses"
L. p. Riordan, another juror, partic-
lpated in the indictme nts found against
Palmer.
Counsel offered toshow that some of the
Jurors who were not present when the in
dictments were Investigated, and who did
not hear the testimony of witnesses, partic-
ipated in the finding of the indictments
upon testimony read to them from notes
kept by the District Attorney, but he was
not permitted to do so by the Court, and
the defense noted an exception.
The Court took the matter of indict-
ment No. $3.50 under advisement.