The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-08-09
THE CURTIS CASE.
His Third Trial Begins at
Last.
THE JUDGE AND THE JUROR.
Engelberg Keeps the Court Waiting
a Whole Hour, and Is Scared
Out of His Wits.

The third trial of M. d. Curtis. actor,
for the murder of Policeman Grant on the
night of September 10. 1891. common ced
in Judge Murphy's courtroom yesterday.
Five and a half days were occupied in
securing a jury. but there being only one
more to get when proceedings were re-
sumed yesterday. the panel was complete
by the morning recess.
The following compose the jury: Louis
Beudel, Joseph F. Nounan, Charles Diete,
William Cleary. NJ. V. Radovich. John
Wack. Fred R. Cook, Arthur NJ Hill. G..
S. Coy, Thomas NJ. Mcfarland, E. A. En-
gelberg and NJ. Morsford.
AS soon as the panel was complete Dis
triet Attorney w. S. Barnes made his
opening statement to the jury. He recited
the history of the case. and how that o
satisfactory decision had yet been arrived
at, concluding with an admonition to the
jury to find a verdict on the merits Of the
case. The recess was taken here, so that
counsel for the defense might co suit be-
fore making its opening statement.
On resuming, tedious delay was &C.
casioned by the failure of E. A. Engel-
berg, one of the jurors, to pct in an appear
ance. When ten minutes had gone by and
he had not arrived the Judge was aghast
at such willful contempt.
What on earth can have become Of
him ?" said Judge Murphy. "Mr. Bailiff,
go out and call him, and IL there's no re-
Spouse telephone down to his place of
business"
This was done, but there was no salts
faction gained. The minutes flew by,
message after message was dispatched.
and the Judge fumed and fretted. until at
last a message came that the delinquent
had left for the hall.
Left for the hall. has hep was the
Judges angry comment "Oh, very we'll /;
very we'll lndeedp'
However, time sped On and the juror
court had been kept waiting half al hour.
Judge Murphy announced an adjourn
ment for ten minutes, this time Dispatch
ing Deputy Sheriff to Engelberg's rooms
at 41S Kearny street, land if that mans
there. Mr.. Sheriff. get hold CT him and
bring him here"
The ten minutes adjournment expan ded
into half an hour, when the baiiiff re-
turned. bringing with him the delinquent
juror. Engelberg entered court, unabas he'd
and smiling. but he did not retain his COM
posture long. His explanation was that he
had been reading in his room and had not
thought of his engagement.
Judge Murphy ordered the juror to his
place in the box and said: "Well, Mr.
Engelberg, l will decide between now and
the adjournment which l shall do 10 this
case; fine you heavily. or order you into
the custody of the Sheriff. to be kept so
during the entire trial. think it probable
shall take the latter course"
Everybody smiled at this. which set the
Judge atire once more, and things looked
badly for the unfortunate EDgeberg.
Il
arose to make his opening statement He
called atten ton to the District Attorneys
opening and to what the prosecution eX-
pected to prove. He thought it only right
TO tell The jury what the line of defense
would be.
statements in the case, and the theory of the
prosecution would be combated in one ma
lerial point. 1t was proposed to show tn at
Officer Grant did not arrest one man but
two, the defendant Curtis and another
Five people would testify that three per-
sons were engaged in the occurrence. Two
people ran away from Grant. and it would
be proved that the man who fired the shot
ran away at great speed, and two women
would testify to having encountered him.
Curtis private history was detailed at
| length, together with his stage career.
His honorable character and peaceful de-
| meanor were unchallenged, said the coun-
sci, VINO clOSeQ MS statement Win a de-
tailed account of the evenings occurrences
according to the theory set up the defense.
The police officers were severely scored by
counsel as having threatened all sorts OF
things to witnesses for the defense. and as
having produced one witness at the first
hearing whom they have never had the
courage to produce again." In conclusion
he would ask them 10 acQuit the defendant
Police Officer Russell was the first wilt.
ness called. He was examined upon a
huge map which he had made according to
order. The map made on scale of sixteen
feet to one inch was descriptive OF the
whole scene of the tragedy. This witness
was subjected to trying cross-examina-
ton by w. W. Foote. who IN ade him ex-
plain distances, describe buildings, to-
gether with the height and depth Of every
edifce so described.
PAT the close of Russell's evidence court
adjourned for the day. To everybody's
surprise and the unconcealed delight of
the delinquent. Judge Murphy passed no
sentence on Engelberg, but generally ad-
monished the jury on the merits of punctu-
atty. saying that if any such delay occurred
again he would lock up the whole jury
until the trial was over. The further hear
ing will be resumed to-day.