Los Angeles herald., 1891-05-06
ROTTEN TO THE CORE.
A Bad State of Affairs at the
Crescent City.
The Grand Jury's Report on the
Italian Incident.
Six Indictments for Jury-Bribing
Returned.
The Arch Conspirator O'Malley Escapes.
The Action of the Lynchers
Tacit1y Endorsed.
Associated Press Dispatches.

Associated Press Dispatches.
New ORLEANS, May s. - After six
weeks investigation the grand jury COM
pleted its labors in the Italian case, and
this afternoon presented a voluminous
report to Judge Mari. The report re-
cites the killing of Chief of Police Hen
messy, the trial of the Italians, ETC., and,
referring to the verdict rendered, gays
"We cannot be mistaken in the asser-
tion that the verdict was startling, ,amaz-
ing, a. bitter disappointment, shocking
to public opinion, provoking to the re-
peated accusation that some OF the jury
had been unfaithful to their Office"
The report goes on at considerable
length to speak of the comments made
on every side before the termination OF
the trial, touching the action of some
m embers of the jury; remarks dropped
IN and about the court room; the quar-
oirel in the jury room, etc. Careful OBJ
servers, it says, testified with special
reference to the marked inattention of
the jury as the witnesses submitted
their evidence-conduct most unbecom-
ing and fraught with the gravest conse-
quences, when the 3momentous import
OF the issue is considered"
"We are led," continues the report,
''to conclude that the jury undertook to
try the case when it was submitted, by
their own estimate of the value of the
statements made by parties not called
as witnesses. With strange unanimity
they dwelt upon what they knew by
reading and hearsay of certain incidents
of the assassination, prior to the trial,
and made those the basis of powerful
persuasion for giving the accused the
benefit of the doubt, and concluding the
deliberations in their favor.
"We take occasion to say it was not
expected to obtain any evidence of un-
due influence from members of the jury;
for those who were uncorrupted had
nothing to reveal, while others would
not make themselves particeps crlminis;
yet in their numerous statements much
was obtained having direct connection
with, and supported by, great volume
of testimony elicited during the course
OF the inquiry.
at is clearly brought out by the evil
dence of the jurors that, as affecting
three of the accused, Politez, Scaffedi
and Monasterio, the jury was engaged in
deliberation four or five hours, and, on
repeated ballots, stood six guilty, six not
guilty. This is a clearly defined indica
ton of the conviction OF the jury as to
three of the accused. 1t forces the con-
clusion that the evidence was sufficient
to Justify six Jurors who stood resolute
and determined for a, verdict of guilty,
making it well nigh impossible to reach
any other conclusion than mistrial.
The three accused named above were
probably unwilling actors, designated by
the leaders of the conspiracy to execute
villainous part, of which they had
neither personal motives nor interest.
Following this investigation it was
quickly learned that talesmen had been
approached in various manners, the vile
work even being carried on in the court
room during the trial. One favored
expression was that big money might
be made BY going on the jury and doing
right. There is no doubt that such at
tempts, made by various parties in the
service of the defense, were entertained
by some talesmen and scornfully re-
iected by others. In some instances
rebuff was met with the answer that it
was a joke, but surely we.l-directed
joke of deep significance, when the lead
ing part was enacted by the counsel of
one of the accused awaiting trial, now
under Indictment for attempting to
Sribe Juror.
"Another class of talesmen took
special care to deny any knowledge of
the vile work, or showed remarkable
deficiency of memory, causing US to con-
.clude that they were silent from fear, or
had been cautioned about discriminating
any one. A number of witnesses most
emphatlcally denied having been ap-
preached or spoken to, even after tell
ing it to friends who informed us.
"Among the talesmen number OF citi-
zens have nobly come forward, relating
their experiences, furnishing some OF the
missing links in the chain OF cir
cumstantial evidence drawn around the
organized gang of jury-bribers. 1t is not
to be questioned that the work was
systematically executed after careful
preparation, and had to be done quickly.
The necessity was imperative for a COM
iury knows that list of the talesmen
was in the office of O'Malley and Adams
at IL O'Clock Sunday morning, February
22d, though the trial Judge had issued
special orders that the list was not to be
made public or given to the counsel of
either side until Monday. 1t is not
shown by whose hands the list was re-
ceived, but enough is shown to confirm
the secret and powerful inhuence of the
so-called private detective agency and
Counsel Adams to handle the machinery
of the court. The evidence shows that
the list of names was tampered with
when drawn from the jury wheel, and
before it reached the jury box in court.
O'Malley was put in possession OF the
lists almost Immediately after the names
were drawn, and before they reached
the district attorneys office. Influential
friends alone could accomplish this, but
this was secured in the person of one of
the jury commissioners lately removed.
at is further learned that in the
Office of the detective agency is kept
book of names and addresses of jury
men. Out of 800 names drawn for
the February panel, thirty-two were on
O'Malley's list, and later as talesmen
were drawn many more names appeared
that were on that list. Truly. the busi-
ness of this enterprising detective
: agency was facilitated when thirty-two