The San Francisco call., 1895-12-23
HINTS Of GRAVE FRAUD,
Peculiar Stories About the Case
of Adams Against the
Railroad.
Attorney Nathan Frank Looking Into
Some Startling Report of Jury
Fixing.

Attorney Nathan Frank. the lawyer of
John O. Adams & Co. in the big damage
suit against the Southern Pacific Com
pany, is not at all satisfied with the jury S
disagreement. The case was brought to a
conclusion a little before midnight on
Saturday, and ever since there have been
most startling kinds of stories abroad
all including vague hints as to the reasons
for disagreement among the jurors. Mr..
Frank has heard the stories and so has
Mr.. Adams of the firm in contest with the
railroad company. Both are displeased
with the results of the long trial, and they
propose TO institute vigorous investiga-
tion into the reported attempts to tamper
with the jury. While none OF the Adams
people are willing to openly assert that
things moved Improperly under the sur
face. they have not hesitated to indicate
that matters were out of legal gear some
where.
The jury in the case, after thirty ballots
and about as many hours of thinking and
discussing, were evenly divided upon the
issue. Six were in favor of awarding dam
ages to Adams, and the others held that
the railroad company had the best of the
fight. The persistence OF the jurors in as
serting their convictions and the failure of
repeated efforts to bring about a satisfac-
tory decision started the scandalous stories.
Just about this time Mr.. Frank heard OF
an incident which seemed in his mind to
completely verify every suspicion. son
of Juror Albert Folsom called at the attor-
ney's residence and explained to him that
a stranger had visited the grocery-store of
Joachim Witt, on the corner of Sacramento
and Broderick streets, and asked questions
Of suspicious import concerning the CHAR
acter and position of the elder Folsom.
Witt had informed the boy of the stran-
gers visit and his peculiar inquiries, and
he in turn had considered it wise to men,
ton the affair to the lawyer. Frank looked
the matter up, and is still engaged in a
quiet investigation.
When asked about the matter last night
he said: II had, of course, reason to be
extremely careful in case of this kind,
for it has frequently happened that iuries
determining such issues have been liked"
My suspicious were aroused when the
news reached me of the incident at the
grocery-store, and considering that we had
a sure case against the Southern Pacific,
the disagreement of the Jury seemed pecu-
liar and decidedly unsatisfactory. [ am
not, however, pre- pared to say that the
Jury was not all right. 1t will take a little
while before the affair can be thoroughly
investigated. Six of the jurors voted
against US, and | can account for such ac-
tion by four of them. / know why they
did so and | am satisfied in that particular.
About the other two l know nothing def
nite!y yet, and they are the ones we hope
TO learn something about. A disagree
ment of the jury was all nonsense. Our
case against the railroad people was as
plain as day, and we will file another suit
Immediately"
About the questions of the stranger in
Wits store, Mr. Frank said that he now
believes the mysterious visitor was there
during the four days interval between the
selection and the swearing of the jurors.
In that event it might have been per-
fectly legitimate proceeding, but other
things have lent color to the theory that
the nameless caller was sizing the financial
and social caliber of Juror Folsom.
Mr.. Witt, the grocer on Broderick street,
said last night: "a young man came to
the store about the time the Adams case
began. He asked me a number of ques-
tions about Mr.. Folsom, who lives around
the corner. He wanted to know how much
money he had and what sort of man he
was. The lawsuit was also mentioned. |
told him what l knew, but l could not
understand from his conversation Just
what his purpose was. He saw me twice
on that day, and has not been at the store
since"
Mr.. Folsom, the juror, who lives on
Sacramento street, near BroGerick. had
heard nothing of the affair. He stated that
no one had approached him in regard to
the case, and from all he knew and saw
the work OF the jury was faithfully done.