The morning call., 1895-01-30
The Prisoners Bail Is Set at Twelve
Thousand Dollars.
a NEW JURY MAY Be INPlyELED.
Judge Murphy Will Try the Contempt
Case First 50 as to Secure More
Information.


his place upon the bench. Everybody i'll
the City Hall had heard of the case, and
every one was on hand to see what would
be done in the matter. They had not long
to wait, for no sooner had court opened
than Judge Murphy brought up the subject
OF which every one around him was
thinking.
The first words OF the court disclosed the
fact that another witness to Hurley's crime
had been secured in the person of Charles
al. Mccarthy, one of the jurors secured on
Friday.
Gentlemen" said Judge Murphy, turn
ing to the jury, certain events have hap
pened which it is the duty of this court to
investigate, and will adjourn this case in
order to allow the officers Of the court
to take such steps as they may think
proper. You are not to form any opinion
as to what you read in the newspapers, and
you are not to discuss the case nor any
phase OF it with any one. l will continue
this case until Friday morning. Mr.. Nc
Carthy," he added as the jurymen rose to
leave, II wish you to remain in court"
The Judge retired to his chambers after
dismissing the jurors, and in the meantime
W. S. Barnes, the District Attorney, drew
up the papers in the case. Court was then
reconvened, and it was announced from
the bench that the Judge was then sitting
as committing magistrate. Mccarthy
was then told he might retire, but before
he did so the court stated that no suspicion
had attached itself to him, and that his de-
tention had no criminal significance what
ever. The court had no knowledge of any
wrongdoing on his part either directly or
indirectly. The case against Hurley was
then called, and Mccarthy left the court
room.
Hurley asked if he had procured coun-
sci, and he muttered ''no," but Immediately
afterWard C. n. Forbes, who had seated
himself beside the prisoner, announced
that he would represent Hurley, and the
proceedings were continued. There was
read to the prisoner an affidavit charging
him with ''willfully, unlawfullY ,feloniously
and corruptly offering and promising to c.
NJ. Johnson a distributive share of the sum
OF $4,000, to wit. one-haf thereof, if said
G. NJ. Johnson would sit and act as Juror
IN said case, and would render his verdict
IN said case in favor of said r. 81. McDon-
aid Jr. of the charge upon which he was
then and there upon trial.
Hurley rose and stood erect during the
reading, but he was apparently at a loss
what to do under the circumstances.
81 don't want to unduly hasten this
matter, said the court, sand if you want
a continuance for any reasonable time I
will grant it. :"
I'VE would like little time" said Mr..
Forbes, and the consideration of the felony
charge was allowed to remain over until
this morning.
1.-THE Superior Court will now be in
session" announced the Judge when the
bribery case had for the time being been
disposed of. ''Mr. Clerk, will you read the
affidavit describing the contempt? Paw
attention to this, Mr.. Hurley; it may in
terest you somewhat" added the Judge, as
the clerk started TO read the document.
1t was the original affidavit of Johnson,
setting forth how on several occasions
Hurley had approached him on the subject
OF getting him on the jury to try McDon-
aid; also Hurley's boast that he already
controlled the votes of six of the eight men
then on the Jury, and would control three
more. When this had been read Mr..
korbes again asked for a little time.
az have just been retained in this case"
he said, land I am not ready to proceed
until ! am familiar with more of the facts.
would like this case also TO go over until
tomorrow morning, and would ask the
court what bail has been fixed.''
The bail is $4,000 on the felony charge
and $4,000 on the contempt charge. I VIII
lay the cases over until tomorrow but let
1t be understood that the contempt case
will come up first" With that court was
adjourned until this morning, when the
cases will positively be tried. These were
ordered TO appear as witnesses:
j. Llvernash, attorney for Mcdonald;
Judge Darwin, his associate; Albert Hart,
a friend of Mccarthy; Joseph Rock, the
deputy who summoned Johnson; C. NJ.
Johnson himself Deputy Sheriff Harring-
ton of Judge Belcher's court, who assisted
in summoning the talesmen; Captain Lees,
Detective William Cody and Under Sheriff
Clack.
Charles NJ. Mccarthy, one of the new
men to enter the case, is a capitalist or
rather his business is to care for the estate
which belongs to his family. BE has not
been directly approached by Hurley, nor
has it been so claimed, but the testimony
of Albert Hart will explain his connection
with the case. Hart and he are quite
friendly. Mccarthy was on the regular
panel, but he had hoped he would not be
drawn in the Mcdonald case, or if drawn
that he would not be acceptable to either
side. Having nothing better to do on Fri
day, Hart went to Judge Murphv's court
and during the session sat in the rear of
the courtroom. He did not notice the
burly, red-faced man who sat next to him
and watched the proceedings even more
intently than he did.
While Hart was seated there McCarthy's
name was called. 1t was good Joke on
Mccarthy, he thought, and catching his
uc uOuQeQ anu Sul1l6Q at MS
discontinue. The smile and nod were re-
turned, and did not escape the watchful
glance of the man who sat next to Hart.
Mccarthy was examined and, proving ac-
ceptable to both sides, he was sworn in.
1t was more discontinue for Mccarthy,
and again as their eyes met, he from the
jury-box and Hart from the rear of the
court, exchanged many chances. Again
this was noticed by the watchful man and
it meant but one thing to him.
'tDo you think you could influence that
man2n the person at his side asked him in
an undertone, and he repeated it, as Hart
did not seem to understand his first words.
NO said Hart, at can't, and wouldn't
if / could"
"Then he asked me to think over it.n
said Hart, In telling his story, Saving |
there was lots in it and not to throw It |
aside. i know what Pm talking about !
he said. i was member OF the first Cur |
tbs jury. My names Hurley. You know
me-
Hart did not think much about the mat
ter at the time, but when the story came
out yesterday morning, he realized the i'm |
portance of his information and told Nc |
Carthy. Mccarthy took him at once to |
Judge Murphy, and he will now give some
very important corroborative testimony.
Mccarthy was the man to whom tH1Irlexy |