The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-08-20
OAKLAND'S WATER FRONT.
The Struggle in Court Looks Well
for the People.
Examination Of Talesmen Beeun-Humors Of
the Jury-Box-Corporation Lawyers
squelehed.

The impeachment of the jury in the
waterfront suit began at 2 P. NJ. yesterday
before Presiding Judge Henshaw. Il was
d ponderous, slow proceeding, and when
c5nEt adsoarnai 81 O'clock eH!ytnrce tales
men had been examined.
Everything depends Oh the iury Both
sidss realize this. and never before has 90
much importance been attached to its i'm
parchment. Mr.. Moore, for the waterfront
company, is particularly anxious in this re-
spect, as he freely expressed the opinion
that Ii was the quality" of the Jury that
did him up In the suit Of Taylor VS.. Forth
q short time ago.
After fighting shy of it for whole week
the waterfront company has evidently de-
termined that since there must be jury II
must be one that is absolutely ignorant of
the history OF the case, whose members are
total strangers to Davie. Fitzgerald, Bas-
sett and other defendants, and who are
utterly unfamiliar with the tenets of Black
stone, whether literally applied or othe--
wise-that corporations have no souls.
Nearly all their questions hinged on these
points and many OF them were answered
unsatisfactory TO the plaintiffs attorneys
1t is plain that it will be a long time before
''12 good and true men" are selected to try
the famous suit.
THE FIRST IMPANELMENT.
La the previous session Judge Henshaw
asked the attorneys If they could agree TO
have the jury impaneleG before him as pre-
siding Judge, without the presence Of the
other two Judges. They replied that they
could. The first impeachment of II was
drawn as follows: Frederick Rhamstorf
Charles Halle. W. ID. Boyce. W. Ii. Sieden-
tOpp, Reuben Hunter, w. II. MaurreD, G.
q. Briggs, Frank Harding. George Knsey,
A. w. Burrell. Anthony Milton aud Ii. b.
Sears.
Mr. Rahmistorf was the first target Sc
lected for the fusillade of questions put by
A. A. Moore.
The Juror admitted that he was a reader
| Of The CALL, and knew of the case through
that channel. He was unacquainted with
any of the parties to the action.
Mr.. Moore did not ask very many more
questions after that. and the examination
| of Mr.. Halle next began.
''Do you know Mr.. Fitzgerald?" asked
Mr.. Moore.
"Yes, sir"
"Mr. Fitzgerald. one of the defendants"
mo, sir; the Mr.. Fitzgerald l know is
hodcarrier."
Have you taken part in any discussion
Of this waterfront case?"
mo, sir"
"Have you heard any one say anything
derogatory to the corporation since the trial
begsn?"
"What?"
II heard somebody In this courtroom say
that the whole caboodle OF them ought to be
hung lawyers included"
Mr.. Moore blew his nose in bandana
handkerchief and Mr. Mullaney chuckied.
OPINIONS ABOUT POSSESSION.
The examination of w. ID. Boyce then be-
gan. Mr.. Moore asked him if he had any
prejudice against title by adverse DO sses-
sion. The juror replied that he considered
paper title better. Mr.. Moore continued
MN aVfc mi attat. 49,
opinions Of paper titles" and adverse pos
sessions, during which the Judge two or
three times stopped him to explain what
bearings the law had on the matter.
MIR. B0yee said that he also was a
reader Of The CALL, but that he knew
none of the defendants, and had no particu-
lar prejudice against the Southern Pacific
Of Kentucky as corporation.
When Mr.. Mullaney took up the exami-
nation Mr.. B0yce admitted that his family
and that OF Mr.. Martin exchanged visits
and that they were on pretty good neigh.
bory terms
All three of these jurors were passed. but
they will be subject TO Deremptory chal-
leDge later.
After partial examination into w. II.
Seidentopp's sentiments Judge Henshaw
adjourned court until 10 A. NJ. next Monday
CLEARING AWAY THE coBwEBs.
at the forenoon session, before the ex-
animation OF talesmen began, Judge Hen
shaw denied the motion of Mr.. Martin that
special Issues be submitted to the court for
decision. The ruling was that the proper
time TO present that point Will be after all
the evidence Is in.
Alter this ruling was given Mr. Martin
asked that decree to plaintiff be given for
the land north of the Peralta grant land. as
the defendants disclaimed any possession
to 1t.
Judge Henshaw called the other Judges
to aid In decision or the point, and the
ruling was given that this also must come
up after the evidence is In.
II will very likely consume all OF next
week TO impanel jury. One of the attor-
neys said yesterday that there are going to
be some painful and peremptory challenges,
and that Two or three panels may be ex-
hausted before jury is secured.