The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-23
The Third Trial of the Accused
Counterfeiter Still in the
Future.
MR.. MURRAY HAS A PARDON
Attorney Campbell Tries Hard to Have
the Testimony of Accomplices
Ruled Out.

Still the third trial OF Martin D. Howell
is in the prospective. 1t was to have COM
menced yesterday morning, but Mr.. Camp
bell had still another motion to make on
behalf of his client, so the jury was ex-
cused again and the rest of the day was
consumed in arguing and citing authori-
ties on both sides Of the question whether
a person once convicted of crime is eligible
as a witness in the Federal courts of this
State.
When court opened in the mornin g
Judge Morrow rendered his decision on
Mr.. Camphel's motion to compel the Gov
eminent to elect on which counts of the
indictment the prisoner should be tried.
On the first part of the motion the courts
decision was that the same point-as to
the indictment making three counts out OF
the one offense of receiving one package Of
counterfeit coin containing pieces of three
different denominations-had already been
passed upon in favor of the Indictment IN
the opini on rendered on the plea of abate-
me:t, and that the opinion should still
stand.
On the second clause of the motion. that
the Government. be compelled to elect
whether to try the defendant On the
counts charging the possession and pass
Ing OF counterfeit bills or those charging
the possession and passing of counterfeit
coins, Judge Morrow said that for the
present he would overrule the motion. but
that, as the trial progressed, If the evidence
showed that the two crimes were not
closely related, he would then reconsider
the motion.
Then the Governments witnesses were
sworn in a body and Assistant United
States Attorney Knight arose to make his
opening statement to the jury. But Mr..
Campbell had another motion to make-a
twofold motion. He objected to the in
PRODUCTION of the testimony Of Murray and
of Marsh.
And Mr.. knight had a surprise in store
for Mr.. Campbell in this connection.
Murray is convicted criminal and there
fore cannot testify" said Mr.. Campbell.
"He has been pardoned," calmly said
Mr. knight. Tableau.
Murray and Marsh were members of the
North Beach gang of counterfeiters. Muir
ray pleaded guilty and took his medicine.
Marsh is still held under indictment as an
accomplice of Howell. 1t took Mr. Camp
bell second or two to recover his wind
when Mr.. Knight gave the news of Muir
rays pardon, for the authorities hold, it
is pretty well established, that pardon
in the courts and as a citizen. But Mr.
Campbell came up smiling. He urged
that the pardon was unavailing in the
absence of any statute to the contrary
He urged also, thereby showing wonder
full fertility of resource, that at least
Marsh 8 testimony was mot allowable, be-
cause-well ebecause, though the authori-
ties cited held that man could only be
incapacitated as witness after the SEN
terce of the court had been passed upon
him, yet the infamy was, after all, due to
the crime and not to the sentence, and
Marsh's interest in the case at issue was
sufficient to debar him.
Virtually Mr.. Campbell, who is prince
of debaters, argued that the testimony of
guilty accomplish would not be valid
against his innocent client, the said client
being admitted as the accomplIce of the
guilty Marsh; or that at least is the way
the argument looked to the men in the
back seats. Just how Judge Morrow will
view the matter will probably be known
Monday morning, but Mr.. knight con-
tented himself with remarking that the
court had already passed upon this point
in the former trial and in submitting au-
thorities to corroborate that former opin-
ion. The jury is due in court Monday
morning at 10 o'clock