The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-29
NEALON And POPPEIR.
Both Wanted to Get Out Of
Jury Duty.
4. VEEIRE MINUS A NAME.
Excitement in Judge Murphy'S Court.
room Yesterday.
HOT TALK III THE SHERIFF'S OFFICE.
Charges Of Fayoritism in the Summoning
Of TaleSmen in The McDOnald
Perjury Case.

Max Pepper told Judge Murphy yester-
day that he didn't like to do jury duty,
and said if he were forced to serve he
thought his friend, J. c. Nealon, who had
Just been excused, ought also to be pressed
into the work of trying criminal cases.
Mr.. Pepper was excited and expressed
himself very forcibly.
Judge Murphy seemed surprised that
anybody should object to being one of the
twelve good men and true, and let the
matter drop.
After having aired his grievances in
court Mr.. Pepper went to the Sheriff's
Office to complain. There was a bright
red flush on Peppers cheek as he made a
charge OF 'favoritism" in the making of
returns of service in the case of trial jurors
"This thing should not go on,' he said,
"and I want the Sheriff to know how some
of his deputies act. He should know it
right away. Harrington the deputy in
VOWED, cannot plead ignorance, for he has
been in the Sheriff's office before and
knows how this thing is done. / have
known of cases before where deputy
sherin's have accepted hats and other
more substantial favors to let merchants
off from duty by making false returns. I
IlSil w push ILLS l1dIt6E W GDS UOGIOm
and find out how Mr.. NealOn managed to
escape from jury duty.
"a special venire of $50 trial jurors was
issued for service in the Mcdonald case.
Deputy Sheriff Harrington served me. In
conversation with me he said that nobody
could get off; that he had served promi-
neat merchants and others. Among
others he served was James G. Nealon.
When [ went into court this morning and
listened to the reading of the names of
those who had been served the name
OF James G.. Nealon was not read.
He was in court, however, ready
to make his excuses to the Judge, and this
was evidence enough that he had been
served. When he learned that his name
was not on the list called out by the clerk
of the court he quickly got out of court.
[ went to the clerk. He showed me the
list of jurors and Nealon's name was not
on it. This list was the returns of the
Sherim's officer making service. The ques-
ton is why Nealon, who was legally served,
was not properly returned to the clerk of
the court. / know that Harrington is
thick with Nealon and the transaction
looks funny and want it properly investi-
gated"
Sheriff Whelan was not present to hear
Mr.. Pepper S complaint, but Deputy Sheriff
Simon promised that the subject would be
investigated.
81 don't thank Mr.. Pepper in the least
for bringing me before the public in this
matter" said ]. G. Nealon last night
"The whole matter is simply this: On
last Saturday Deputy Sheriff Harrington
served me with notice to appear in Judge
Murphy's court to be examined as to my
qualifications to become a juror in the
Mcdonald case. 'Harripgton,' [ said to
him, how is this? Got to go among your
friends now to get jurors?
q Il. l. G-L
the papers from Harrison. was his reply.
MY four years experience as courtroom
clerk taught me that there was nothing for
me to do but to go to court and present my
excuse
yesterday morning was ascending the
stairs on my way to the courtroom when |
met Judge Murphy and remarked that 1
jury?' he asked, and when l told him
Yes he said: Present your excuse in
court, sir
81 was sworn with batch of ten to show
cause why we should be excused, and
while the man ahead OF me was talking to
the Judge, one of the men, who had been
an officer of the court nnder the previous
administration, but whose name 1 do not
know, whispered: What are you doing
there? Your name is not on the list
care you sure?i | asked.
"Moying to the clerks desk I examined
the list, and sure enough my name was
not there, so, having no business there, 1
walked away
"In passing out Pepper asked, Been ex-
cused? My reply was, No, my name is
not on the list He remarked with a
sneer, 'Umphp and that's all there was
to it.
~ did not ask any one to take my name
off the list and did not speak to any one
about the matter except Judge Murphy,
and if anything was wrong it was none of
my doings.
''Don't you know" Mr.. Nealon added,
''that l dom like this Bit for people will
say that used my pulp to get off. 1
could not have served on the Jury, any
way for I had long time since made up
my mind and expressed opinions about the
case"
Judge Murphy's attention will be called
to this matter as soon as the Mcdonald
case is closed.