The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-12-08
THE WHITE CASE.
Ex-JurOr Shemansky Writing
Under the DenunciatiOn.
Judge Trout Excused Him From Further
Service in His Department - Some
Significant Facts.

B. Shemansky pretended yesterday to be
a very mad man. The reason for his anger
was the denunciatiOn brought down upon
his head as one of the jurors in the trial OF
John White for embeu ement.
Herman Shemansky swore when ques-
toned as to his qualifications to serve mat
he had been thru robbed by employees and
that he could try the case in accordance with
the law and the evidence. He having voted
on Friday night to acquit White, the Assist
ant District Attorney severely scored him,
and that is why he pretended TO be so full
of virtuous indignation yesterday when
called to serve as a juror III the case Of
Peter Kelly, charged with an assault with
deadly weapon.
When he answered to his name Sheman-
sky arose and asked to be excused from fur
Their service on the term trial jury. He de-
clared that he Is IA man OF family, with
reputation which he does not wish de-
strOyed by the newspapers. tie declared
that the Assistant District Attorney had
called him liar, perjurer and thief" and
he did not think he could impartially try
any more cases with Mr.. Hinkle as prose-
cutor. He therefore asked to be excused.
sPURRED BY SUDDEN ANGER.
Walter 5. Hinkle. the Assistant District
Attorney. replied that he regretted having
used the language attributed TO him by the
papers, but he had done 1t under the spur OF
sudden anger. The proof OF Whites guilt
had been conclusive. He had in fact con-
feSSed the crime in open court, and when
the jurors disagreed lie naturally concluded
that they were either fools or had been i'm
properly influenced. He had expressed
himself, not as charged by Shemansky. for
he had not called that juror liar, per-
jurer and thief" bat in general terms.
What he had said applied to the eight who
had voted for acquIttal. He was free 10 ad-
init that such Incorporate language did no
good, anG he regretted having lost his tenn
per. To that extent he was willing to ask
the Courts pardon, and during an eloquent
address made ample amends as an officer of
the court.
THE MATTER WAS UNFORTUNATE.
Judge Trout inquired whether the Ian
guage had been used before the adjourn
ment OF the court.
Mr.. Hnkle answered that he had spoken
to Bowman and Shemansky after the ad-
jOurnment Of the court and the discharge of
the jury.
Judge Trout then said the matter was
unfortunate, but he was well aware that
attorneys often lost their temper and are
sorry for it afterward. He cited an instance
where, when he was Assistant District At
turney, ex-Judge Ferral aud himself nearly
came TO blows in the courtroom.
Ex-Judge Ferral happened to be present,
and spoke at some length in a humorous
strain. He admired hot temper, he said.
and congratulated Mir. Hinkle on having
one, but he was certain he was now sorry
that he had vented it on the jurors on Fri
day night
sHEMANsKY EXCUSED.
Judge Trout, however, thought under the
circumstances he would excuse ShemanSky
from further service, and he did 50.
The jury which tried John White con-
sisted Of the following named:
c. H. Streight, 1o49 Market street, not engaged
in business
Herman Shemansky, 1927 Stockton street, dry
goods.
F. H. Knduf. clerk with Neubauer Reiss &
Co, 5l6 Market street.
g. r. PoulsOn, Hawthorne street, not in bust
ness
Thomas F. Brady. statlOner, 20o1 Fillmore
street
Theodore Truelson, $50 Deylsadero grocery
and liquors.
j. FIeger, 80 Suffer. brush mandatory.
I. Dellwig, 1914 Polk, bakery.
NJ. ktuOOid, 3l2 Bush. boots and shoes.
George Bowman, 126 Ivy avenue clerk In
cigar store, 50 Fourth.
John Donnoiy, 635 Geary. lives on income
5. G. kuerr. Murphy Building, agent for a
patent invention.
Oi these six were summoned for the pres
ent term IN Judge TrOutt's department and
the other six were on the panel before il
was known that White was to be tried in
this department.
These six were Shemansky Brady, Truel-
son, Dellwig, Reubold and Donnolly -Four
of these. Truelson, Dellwig, ReuhOld and
Donnully voted for conviction. The other
two voted with the eight for acuuittal,
These facts are significant.