The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-02
silence Immediately succeeding the open
ing of court Said he: =

: -
ut has come to my knowledge that a citizen
has commltteda grave Improperly in speak
ing to one OF the jurors in this case l cannot
| ignore such a serious thing as this and feel
compelled TO take some action in the matter at
once, TO prevent. II possible. the recurrence Of
| such a most I'm proper proceeding. In order to
| take hold OF the matter properly shall call
| the juror in question to the stand. I do not
take this course because l think the remark
passed could have any influence on the Juror
but because it is the courts plain duty not to
pass by such an incident Will you take the
stand, Mr.. Truman?"
t'Mr. Truman, upon last Thursday were you
riding in streetcar, upon the adjournment of
cogTtY" asked the Judge .....--.----....
"And did any one speak to you or accost you
in reference to this case?"
eyes, SIR
"Now tell us exactly what took place"
III was during the noon adjournment last
Thursday. Mr.. Croker and myself usually go
downtown together on the same car, and"
| case?''
ayes, sir"
"Ten what occurred"
"Mr. Crocker and took the car in front of
the building here. We rode inside When we
got quite ways down Market street a gentle
man got on. He came in the car and accosted
| me. am satisfied that he forgot himself for
the moment, but in view nf the admonition
invariably given US by the court know that
his remark was improper He made it thought
lessly and unintenttonally, am sure. 1t was
only single remark, and then he said no
more"
fWhet was the remark?"
'It was something TO this effect, IF you do
not hang him we will hang you"
Who was the gentleman"
"Was the remark made in public street
| carr"
eyes sir"
loud enough to be generally heard7 '
ayes, sir"
ibid the remark have any effect on your"
mo, SIR
"Wiil it have any effect upon you in Judging
| this caSe?P
''Not particle, sir"
"Mr Clerk, you are instructed to make an
order citing Mr.. Mccoy to come into court and
! show cause why he should not be punished for
contempt of court. Mr. District Attorney, you
WIZ have the matter put into proper shape
| before the court. Make the order returnable
day after tomorrow at IL o'clock.
81 am satisfied" continued the court, chat
Mr.. Truman could not be influenced by any
idle talk like this, but it is the duty of the
juror to report every such occurrence as this to
| the court. The prosecution and the defense
both have rights in this case that must be OBJ
| served by every citizen and no citizen must
| undertake to interfere with these rights 1t is
very serious matter to say anything to d
| juror that might influence HINT borders on
very grave crime, in fact. l am satisfied that
| no outside remarks would have the slightest
influence with any member of this jury. New
ertheless am not disposed to view with any
!enlency such remark as that passed by Mr.
Mccoy. he must appear in court and answer
that summons. That is all, Mr.. Truman"
| Barnes-I would ask that Mr.. Croker be also
/ sworn; your Honor, for it appears that he was
present when the remark was made.
! The court-Yes; let Juror Croker be sworn
| did you hear the remark ?" asked the court
OF Juror CROKER, when he had been sworn.
II did not hear it."
so, then, you received no impression from
:'.No, sir.'
"The District Attorney will attend to the
matter OF the writ for Mr.. Mccoy"
Witness R. w. MARYLAND was recalled to
the stand and exam ined further concern
ing the sunburners and the electrical ap-
paratns. he said the distance between the
gas Jets and the base of the ventilators was
six inches.
Ii man went into the church alone to
test the sunburners he would be apt to
turn on the gas before he went I'D 10 the
suhoufners. lnere was no ventilation
from the ventiating apparatus, witness
! 1urtner SAID. lie held a match in the
opening while three of the plates were off
ana there was not enough of a draft to
put out the fire.
Upon cross-examination Mr.. Barnes
asked witness II 1t was very dusty place
up there at the gas-burners?
at is" said witness.
"And you got your clothes dirty in making
the examination?'
81 wore overalls"
"Dld you consider the general ventilation of
the church," "a
w. 81 ouiy coLce1nlng the sunburners."
Juror Smythe-Is it necessary to turn on the
gas before testing the electrical apparatus for
lighting the sunburners?
Wltness-lt is not necessary, but you could
not get good idea OF whether the CAP yibrated
properly unless you did
| Juror Dutton-Where DO you t11rn on the qas
near the sunburners?
Witness-No, sir; in quite another part of the
building pointing it out on the diagram
MI Barnes-You made all these examine
tions in September?
Witness-Yes sir.
Barnes-Then l move to strike out all the tes-
timony of this witness, because it does not
tend to show the condition of affairs on April3
The court-Oh, that is matter for the Jury
70 consider, think. They have right to
show the condition of the church at any time,
suppose. / override the motion to strike out
Leonard Everett was the next witness,
and the first of a coterie of witnesses who
took different articles of jewellery to Open