The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-08-19
KNOCK-DOVN BLOWS.
The Oakland Water. Front Suit
Must 60 to a Jury.
So Say the Judges in Their Decision on An
other Technical Objection by the
Monopoly Lawyers.

The third day of the waterfront trial
passed yesterday. and one more decision
was given. It was that jury shall hear
all the Issues OF the case, including the
questions as to both title and possession. II
was the second decision against the points
raised by the attorneys for the waterfront
company.
The decision was not given till IL 80
o'clock. All the forenoon had been occu-
pied by the Judges in examining the law
and considering the question in the seclu-
sion Of the court chambers. AS the hours
wore away attorneys and spectators kept
their seats, anxiously waiting for the Judges
TO appear. When they did come in, a hours
had passed from the time when they first
took the question under consideration.
UNANIMOUS CONCLUSION.
In giving the decision Judge Henshaw
stated that 1t was the unanimous conclusion
OF the court, and, as the basis OF it. he
cited, among other authorities the decision
OF the Supreme Court in Hyde VS.. Rea, in
winch similar situation was presented and
IN which the court held that the trial could
proceed by the same action to determine
the question Of possession. Attorney Mar
TIN had another motion ready. After the
ruling was given he presented the new
motion, which was rs follows: The plain
LII, without waving its objection to jury in
til4o CdSts VI It's eACeplIU0 10 the TQIlH4 OIL
the court IN this regard, moves the court to
proceed as court of equity and hear and
decide the issues of plaintiff' claim of title
to set up in the complaint, before proceed
ing to hear and determine the issues raised
by the defendants answer with the jury"
Inc motion was promptly denied on the
ground that 1t was barred by the former
ruling. and an exception was taken by the
plaintiff.
MARTIN STILL wRANGLEs.
III
1urys right to decide upon the possession of
marsh land north of the Peralta grant The
court called his attention to the answer of
defendants in which they discaimed any
interest In the marsh land, combining them
selves only to the water front. This oues-
ton was settled by an understanding that
future determination shall decide whether
or not evidence is necessary for the issue of
"a decree TO plaintiffs for the marsh land
1t was then 1 o'clock. but Mr.. Martin
arose and said Il have another motion,
your Honor"
Judge Henshaw adjourned the court till
o'clock. telling Mr.. Martin to reserve his
motion till that time.
JUDGES AGAIN IN SESSION.
In the afternoon, however, the Judges
again delayed proceedings by remaining in
their chambers. 1t was 20 minutes past 8
when they finally appeared and Mr.. Martin
then presented his new motion, which was
that special or exceptional issues be sub
United TO the court without Intervention Of
the jury.
This was nearly on the same equality with
other motions and it was so intimated by
the court, but decision on the matter went
over till 10 o'clock this morning
1t Is likely that ii will be settled speedily,
aud provided Mr.. Martin has no more
motions TO make, that the impeachment of
the jury will be ordered.
This will be the last day OF the trial this
week, and 1t is not expected to get Jury
much before the middle of the coming week.
One OF the attorneys, in fact, remarked yes
terday t!at two or three panels may be ex-
hauSted before the case proceeds.