The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-10

"Well,' said his Honor, II don't Kno"
whether they want that"
"WelI," said General Dickinson, I'VE
have gotten the result of it,
eff you call for it, then" said the Judge
1--WE will have it."
1--WE desire, them" said Mr.. Deuprey
with some asperlty, Ito save our excep,
ton. We had put it on different ground
On the ground that he had no right tc
make it; but now that that is the ruling OF
the court we submit that we should not DC
called upon to consent.
This was delivered in high key and the
tones of Mr.. Deuprey seemed to CRATE Oh
his Honor's nerves.
There is no need of excitement, Mr.
Deuprey." he exclaimed.
II am not excited" said the attorney
Il am simply earnest"
81 am in earnest myself" said his
Honor, Every much in earnest. l am earn
est in my ruling that he is entitled to make
| his statement" Then turning to the juror
he added: "If there is no objection, you
can go on and make a full statement"
Mr.. Deuprey then stated that the de-
! Tense would stick to the exception.
| Mr. Brown began his statement. He
| told that the trial lasted nine days and
| that every ballot resulted seven for acquittal
and five for conviction. There was no at
| tempt, he said, on the part of himself OF
| in any way, shape or manner and there
was no member of the jury who attempted
| to influence any one in reaching his co.,
clusion. All the evidence in the case was
| positive evidence.
Mr. Brown then went on to explain why
| it was he had taken the stand in the matter
| he had. He recited the testimony of one
| Phillips, a waiter in Sacramento restaur-
ant, who had stated that one evening
Howell had tipped him a quarter, which
| he had Immediately placed in his vest
| pocket. Next day he went to the express
office and discovered that the money was
bad. He admitted that he had received
several other quarter tips from gentlemen
but had put them all in his trousers pocket
Asked why he mad done this, he could not
tell. The testimony OF fruit-deaier and
of barkeeper was of about the same char
acter, said MIR. Brown, not convincing in
the least.
Mr.. Brown stated that after the jury had
been discharged he had accompanied the
then District Attorney to his office, and in
the presence of Mr.. Harris, the Secret Ser
vice agent, and another man he had fur
nished him the fullest information con-
corning the action of the jury.
"My verdict" continued Mr.. Brown,
twas reached solely upon positive evidence
of these three witnesses. AS to the ques-
tons asked and the answers given by me
when examined as Juror on that case, l.
am satisfied that if the questions on cir
cumstantial evidence were similar to the
questions here my answers would be prac-
tically the same"
"You stated" said Mr.. Barnes, "before
you began that statement that the pub
Iished interview with you in the Examiner
by question and answer was not correct
one??'
Eyes, sir; those questions were not
asked as the Examiner printed Them
"Did you read that article in the Exam
iner-did you read the purported inter-
view with your"
mo, sir. It was read in my presence.
eff your Honor please" said the Dis
trict Attorney, turning to the Judge, II
ask now for leave to be permitted to use a
peremptory challenge upon Mr.. Walter s.
Brown, a Juror sworn and impaneled to
try this case"
upon what ground2 Upon the ground
that you were not familiar with these
facts at the time the juror was examinedP''
upon the ground" replied Mr.. Barnes,
"that l was not familiar with these facts
when Mr.. Brown was impaneled and
Brown by means of a peremptory chal-
lenge. But not having had possession Of
those facts at that time, and only having
come into possession of them since he has
been sworn, / ask leave to exhaust a per
emptory challenge. as | should have done
had been so informed"
1--WE object" said Mr.. Deuprey, mos
emphatically, son the ground that there
| has been no showing of any kind or char
acter to justify such proceeding; and or
the further ground that it would be an in.
situation and reflection against an hon
oTable gentleman in this community ano
one who has shown himself to be compe
tent Juror in every particular. In Other
words, that it would allow the press of the
City and County of San Francisco to dis
integrate and destroy the right of trial by
himself the privilege of interviewing jurors
who decline to be interviewed. We object
on the ground that it is direct violation
of the constitutional right OF this defen
dant to be tried by fair and impartia
jurors; that it is a direct violation of his
right under the constitution to be tried by
one who has been accepted as qualified
condition of mind that would cause him
to be considered either disqualified or in
competent to sit as a juror.
Mr.. Deuprey continued in most EN-
| phatic tones that to allow the exercise of 6
peremptory challenge at this time would
allow the impression to go forth that Mr.
Brown was incompetent, and would give
TO that same puDllc some ground IOr De
believing in the insinuation against ar
honorable gentleman.
II do not care to hear any argument in
this matter. will dispose of it Monday
morning. At that time / will give such
reasons as deem necessary for my action
IF your Honor please" said Mr.. Barnes
II would like to say, in justice to thi.
gentleman, that it may go forth as coming
from me that no insinuation of any char
acter is intended against Mr.. Brown as {
man or citizen. but that l consider it tc
have been my duty to have produced thi:
Matters duty which would have beer
sufficient, in my judgment, to have caused
me to interpose peremptory challenge a.
the time he was accepted"
Mr.. Barnes sat down and Judge Murphy
announced again that he would determine
the matter Monday. He then admonished
the jurors, particularly as to the danger
from interviews, and excused them unit
10 o'clock Monday morning.
The court ordered recess until o'clock
at which time, he stated 200 more venire-
men would be drawn to be examined in
the case. Upon reconvening the 200 names
were drawn and an order given for 100 re-
turnable Monday AMI 100 on Tuesday
court adjoining until this morning at II
o'clock.