The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-19
HOWELE'S TRIAL BEGINS,
Four Jurors So Far Have Been
Selected in the Federal
Court.
PROSECUTION GAINS A POINT.
Harston's "Matt Jones'" Story Admit.
ted as Evidence, but It May
Be Impeached.

| The third trial of Martin D..Howell of
Stockton, the alleged counterfeiter, COM
menced yesterday before Judge Morrow in
the United States District Court. Howell
was arrested June %, 1892, along with
what was known as the North Beach
gang" of counterfeiters in this City.
| Howell was accused as member of the
gang and is supposed to have operated at
Stockton in passing the 'tqueer" coin,
which was shipped to him in sacks and
otherwise through Wells, Fargo & Co.'s
express.
Howell was first tried in August, 1892.
The jury disagreed. He was tried again
in July of 1888 and again the jury dis
agreed. His defense has been and still is
that though the counterfeit money was
shipped to him by the "North Beach
gang" he did not know the contents of
the packages, and that the counterfeit
money was in reality meant for and taken
| care of by one Matt Jones, who had
desk in his office. Howell has influence,
money and interested friends, and has
used them all to good advantage thus far.
Jones has been missing ever since
Howell's first trial began, and so could not
DENY the accusations of Howell. He may
! appear at this triai-it is rather expected
that he W ill. Secret Service Agent Harris
and Assistant United States District At
torney knight will not, however, venture
prediction on that point at this stage of
the proceedings, nor will they either affirm
or deny that they know his whereabouts.
Four jurors have already been secured,
and there is every probability that the
panel will be completed to-day in time, at
least, for the opening statement OF the
Governments counsel.
| The four Jurors chosen Yesterday were:
| Arthur d. Pierson, the Karney street
stationer and BOOKSELLER; Charles w.
| Welch of 728 Guerrero street, a retired CAPT.
talist, who confessed to having made some
| of his fortune as a carrier for The CALL
and Bulletin; William K. Hayes, who
was until quite recently in the dry-goods
business; and George Walton, the furni-
ture man, who resides at 600 Dolores
street. So far the jury is several degrees
beyond the average intelligence of criminal
juries.
Scarcely any inkling of the lines of either
the prosecution or the defense could be
gathered from the questions propounded
to the jurors. Mr.. Knight stated the Gov
| ernment's case briefly. The accused is to be
tried on an indictment of ten courts. Four
of them charge Howell with counterfeiting
silver coins. One count charges him with
having counterfeit coin in his possession.
Five counts charge him with attempting
to pass counterfeit money.
One of the significant questions asked by
Attorney Joseph Campbell for the defense
was this, Would the fact that you are
liable to be accused of having been improp-
erly influenced, should your verdict be not
guilty, have any weight with your arriving
at your verdict"
Mr.. Campbell put this question in differ
ent forms, one of which plainly alleged
that the newspapers were bounding down
his client and that the jurors who had
voted for acquittal at the previous trials
had been accused by the detectives and
newspapers of having been bribed by the
defendant.
Mr.. knight objected to this line of ques-
tioning and was heartily backed in 1t by
his superior, United States District At
torney Foote.
"Do the Governments attorneys deny
this state of affairs?" asked Mr.. Campbell,
with the most surprised and injured of
airs.
The Governments attorneys said they
certainly did deny it.
Twill your Honor permit me to offer
proof on the point?" asked Mr.. Campbell.
Which. of course, Judge Morrow could
not permit, seeing that it was in no way a
material point to the present issue. But
the court permitted the question to be
asked in the general sense, but without its
accusations of what had been done.
Another question that Mr.. Campbell
asked of each juror was whether he had
prejudice for or against detectives.
The morning session of the court was
devoted almost wholly to the argument on
Attorney Cam pbelPs motion for contin-
uance. The object of Mr.. Campbell was to
have Judge Morrow make ruling which
would admit from the records testimony
| pyan hv Wjfnascas Harctop and Rnuars
on the first trial. To do this he based his
motion on the absence of the two men
and his inability, as he said, to have them
present. He did get such ruling on the
second trial.
AS has been stated in THE CALL, the evil
dence of Harston and Bowers constitutes
the CHEF defense of Howell, for it was their
story that, though the counterfeit money
was addressed to Howell, it was really in
tended for Matt Jones.
Mr.. Knight fought hard against this mo-
ton and its intended effect. Like Mr..
Campbell, he wanted the motion over
ruled, but he did not want the court in
doing so to allow the Objectionable testl-
mony. He gained point, however. 1t
was overruled and the Harston and Bow
ers testimony admitted as recorded, but
with stipulation from Mr.. Campbell that
this evidence might be impeached by the
Government. The obtaining of this stipu-
latlOn makes mprOm1Se OF what InlgnC
have looked like victory for Mr.. Camp
bell. 1t also indicates that Mr.. Harris is
confident of being able to secure the ap-
| pearance of Matt Jones to give this testi-
mony the lie.
When the proceedings began Mr.. Foote
made an explanation to the effect that
owing to pressure of other matters he
would be compelled to- leave the case en-
tirely in Mr.. Knights hands. Mr.. Knight
| is being assisted by Mr.. Schlessinger. Both
Murray and Marsh will testify strongly for