The record-union., 1891-01-31
GREEN GUILTY.
A Jury Says He Was an Accessory
to the Battery Of Coffey.
Over Three Hours Taken Up In Impan-
cling Jury to Try
Green's Case.

hausted yesterday in Judge Cravens'
court before jury could be obtained to
try the case of George Green, charged
with battery. A special venire for fifteen
was issued, and it was 2 O'Clock in the
afternoon before the twelve men had
been selected. The work of impaneling
the jury was the most interesting part of
the proceeding, and ut times quite anus
ing to the spectators, though not to the
defendant.
Elijah Comstock, one OF the first to be
examined by Green's counsel, Hiram w.
Johnson, as to his qualifications to act as
juror, said, upon being questioned, that
he did not think he could give the defend
ant a fair trial. He had his mind pretty
fully made up as to his guilt, and had
formed an opinion which could not easily
be removed. Mr.. Comstock was excused.
George M. Mott, on being examined
by counsel, said he knew Green by sight
and did not think much of him. ut
would require preponderance of evil
dence to cause me to discard the
opinion have of him.
STRONGLY pREJUDICED.
81 don't like him bit,' said Robert
Allen in answer to questions. sI've got
nothing against him, but don't like his
looks. Ii / were in Green's place,
would not want to be tried by a jury
composed of men whose minds were as
prejudiced as mine"
well excuse you," said the court.
Green eyed Mr.. Allen as he walked
from the room, and got rather angry
when he heard the excused juror mutter,
I'd send him to Folsom if 1 got a
show
Several other of the men subpenaed to
serveo on the jury said they had read the
newspaper reports and had formed opin-
ions which might influence them in
renderinga verdict in the case
The following jurors were finally Sc
lected to try the cause: L. Tozer, c. A.
ton, c. n. Nelson, Il. Il. Avery, r. Noble,
J. Nj. Henderson, G. X. Doherty, w. C.
Kendall and H. A. Heilbron. The testi-
mony given was similar to that which was
heard at the trial OF Jack" Harris, the
man who beat Joe Coffey so brutality
Green was with Harris at the time, and
the charge of the prosecution was that
he was an accessory, and had threatened
to do violence to any one who interfered
with Harris while he was beating Coffey.
The first witness called was Joseph
Coffey. He related the circumstances
connected with Harris assault, and swore
that Green stood by and made the re-
mark twice.. ''that he would give any
body who interfered worse than what
Coffey was getting.''
Attorney Johnson stated that if the
prosecution did not intend to prove that
Green had assaulted Coffey, then he
(Johnson) would move to dismiss the
case. The allegations in the complaint
were that Green used force and violence
ETC." and if these allegations were not
true, then the defendant should be dis
charged.
City Attorney Hart and G.. n. Post, for
the prosecution, argued that there was no
distinction made in law between the prin-
cipal in crime and the accessories, and
that the complaint was sufficient. Judge
Cravens held the same views and denied
the motion to dismiss.
WHAT WITH EssEs SAW.
State Controller E. p. Colgan, VIM.
White, laborer in Capitol Park, and
George III. Dunlap, swores that they saw
the fight and noticed Green standing by.
The latter said he heard Green warn par
ties not to interfere.
For the defense, Matthew Wagner said
he saw Green trying to separate the two
men, who We're fighting, and afterwards
lead Harris away.
Jack" Harris swore that Green had
nothing to do with the affair. 81 did all
the fighting" said the witness, s'and re-
member having struck at Green several
times when he endeavored to stop me
from striking Cotfey. He never tried to
prevent anybody from separating us, but
on the contrary wanted me to stop beat
ing my man."
Green took the stand and testified that
as soon as he saw Harris beating Coffey
so numerically he tried to take him off,
but was unable to do so. Harris struck
at him (Green) several times, and the
blood was scattering over his clothes.
Closing arguments were made by the
counsel on both sides, and the jury re-
tired. In about ten minutes they re-
turned with verdict of guilty.
Green will be sentenced along with
Harris to-day