The morning call., 1895-02-02
MCDONALD AT THE BAR
A Jury at Last Impaneled
to Try the Banker.
THE PRISONER PROTESTS.
LiYernash Asks for the Dismissal Of
Nine Jurors
And THE JUDGE DENIES HIS MOTION.
G. NJ. johnson Challenged by the Prose.
cutting AttOrney-He Is
Excused.
And THE JUDGE DENIES HIS MOTION.

When the Mcdonald case was called be-
fore Judge Murphy yesterday morning
Attorney Livernash addressed the court
and asked that the jury SO far impaneled
be discharged. He said that during all the
excitement attendant upon the exposure
and trial of Hurley the minds Of the jurors
already secured could not but have been
influenced against the defendant, and that
with the implied suspicion which had been
cast upon them they would naturally be
likely to convict the defendant. They
would do it to prove their freedom from
improper influence.
Mr.. Livernash thought that in the inter
est of fair trial the court should dis
charge the jury as impaneled so far, and
allow him to begin the examination of
jurors over again and with a new special
venire. In view, also, of the feeling of an
tagonism engendered in the people at
large by the recent sensational develop
ments in the case, he thought, the present
jurymen were not fit and proper persons to
try the defendants.
Livernash laid special stress upon the
fact that, so far as he was concerned, he
did not intend to impeach any juror. He
did not believe any were guilty of irregu-
larity of any nature, but he feared to have
them try his client for the reasons named.
The Judge refused to grant the request
of Mr.. Livernash. Outside opinions should
have no effect upon the workings eff the
court, so long as the proceedings were
conducted according to law. The law gave
him no power to discharge jurors sworn
and accepted, and therefore the trial must
proceed with the jurors already secured.
Besides that, continued the court, none of
the jurors had been directly implicated in
any of the charges brought against Hurley.
He would therefore deny the request and
would order the examination of the Jurors
to proceed.
The three jurors called into the box just
before court adjourned on Monday after
noon were again called and G. f. Mead was
the first examined. He was let CO. after a
few questions, for actual bias.
G. NJ. Johnson, the man who made the
affidavit in the case of Hurley, was then
called.
81 would suggest that he be excused by
consent" said the court.
81 do not care to excuse him." said
Livernash. 81 want this man examined"
''Do you think you can fairly judge this
case?" asked Barnes.
81 would go by the evidence" returned
Johnson.
''Do you think you would make fair
juror should you be sworn?" again asked
Barnes.
81 don't think in my present state of
mind I would make a competent juror,
after what has taken place"
Il challenge the juror for actual bias"
said the District Attorney.
81 deny the challenge" said Livernash.
81 want the privilege of examining this
Juror"
;,.o~,o-I,,. e-.4 ..--ozI:z.. -o:zol -. -
lection. "Tell us all you know about this
business which has produced your present
state of mind, he said.
81 object to the question" said Barnes.
''This matter has already been gone over
and | see no reason to place it on record
here"
''He has right to show certain state
of mind on the part of this Juror and I
have no right to interpose. Proceed, Mr..
Livernash, said the court.
Johnson once more, under Livernash's
questions, told the story of how he had
been approached by Hurley and all the
conversations he had had with him. Hur-
ley had told him that six of the Jurors
already sworn were fixed. He did not
mention McDonald's name in connection
with the payment of money, but said it
would come from McDonald's attorneys.
He did not know at the time who McDon-
definite as to the amount to be paid, but
not so definite as to the time. At this
point Livernash announced that he did
not deny the challenge and Mr.. Johnson
was excused.
Gerson Harshall, the third juror, showed
bias. Barnes challenged him, and as there
was no denial of his feeling he was ex-
cused.
Solomon Label Charles Adams and John
Hughes were then called. Adams was &C
cepted, after long examination. Label
was challenged by the prosecution and
there was no denial. Hughes was chal-
lenged by the defense. The challenge was
disallowed by the court, but peremptory
challenge excused him.
Jacob Harris and J. Goldberg were next
called. Harris was excused for physical
disability and Goldberg was accepted. HI.
S. Jacobs was then called to fill the panel.
He was excused for bias and his place was
taken by Patrick Lynch. A peremptory
challenge from the defense had to be used
to get rid of him.
Then ]. Kahlbrecher was called, exam
ined, passed and was sworn as the last
juror. AS the panel stands it is composed
of the following: James Perry, Richard
M. Collins, J. G. Jackson, William Nc
earthly, George Borneman, Henry Cowell,
Michael T. Brewer, James Cosgrove, Theo-
dore Keupperts, Charles Adams, ]. Gold
berg and J. Kahlbrecher.
The trial of the case will commence on
Monday morning.