The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-31

I the envelopes ne got from we Plle, ne Salu.
He had no previous intention of picking
them out, but Just took handful of the
| envelopes at random.
Mr.. Mcguire appeared, after some delay,
and he thought he had destroyed the lists
he had made and from which the en-
velopes were addressed, but there was,
| feasibility that he could find them in the
Sheriff's office. and he was sent to look for
them.
During his absence the court made some
| very significant statements. stThere is
suspicion in my mind that things are not
| just as they might be- the court said.
1.-THE bailiff of this department has always
| been active and attentive to all his duties,
] and if there were any suspicion OF fault IN
| his case would hold him at once. 1 see
none so far, however, but he is under
cloud and am anxious that these matters
be Strengthened out"
Mr.. Mcguire returned with the news that
the list was still missing. McDade took
the stand and presented the book contain
ing the names from which the missing list
had been made. 1t did not contain the
names of G. NJ. Johnson, SIS Market street,
and James NJ. Kane, 1905 Pierce street.
McDade said that his deputies always took
their men from the Assessors Textbook
and took only those who were assessed for
$500 or over. They never went to the di-
rectory, he said, as that was too uncertain.
The names from the Assessors Textbook
were produced, and it was found that c..
M. Johnson was assessed for $3.50 and ]. M.
Kane was not assessed at all. This ended
the case for the day.
The statement of Livernash during the
morning was the sensation of the day. He
started in at the time shortly after the first
Indictment was filed against Mcdonald,
when Hurley first approached him. Hur-
ley's offer was candid in the extreme. 1t
was, according to Liyernash, as follows:
81 will give you one juror for $1,000, two
for $4,000, three for $4,000, four for $4,000
disagreement for $4,000, and an acquittal
for $4,000" "There is no use in exposing
me,'' he said. "I am not in this bust
ness for my health, and if you expose
me will prove that l never was here, and
if you swear to it in court, will have you
convicted of perjury"
son Friday night, after we had eight
jurors secured" said Livernash, Hurley
came to me at my hotel; I've got you
where 1 want you,' he said. I've got one
juror on there and he is out of your power.
You got rid of one other, but have this
man all fixed. Now, if you dare get along
without him all right; if you want him
you can have him. who is hep l asked.
Mccarthy he says; 4 have him solid and
if you want him you will have to pay for
him. had another by the name OF Cal
lahan, but you got him off with peremp-
tory challenge
Speaking of Johnson, continued Liver
nash, Hurley told me he had known
Johnson for years; that he had worked
him on juries before and that he was true
blue. He said, too, that if l would protract
the case until all the special jurors sum-
moned were exhausted that he would get
venire which. would do anything we
wanted. He worked through the Sheriffs
office, he said, and was solid there no mat
ter what administration was in"
The court then took a hand in the pro-
ceedings and began to question Livernash
as to why he had not informed the court
and the police of the plot which was brew
tective force entirely inefficient and I'M
able to conduct an investigation of that
kind. He had been reporter himself for
fifteen years, and he knew the way the
police worked up cases of this kind. His
wish was to secure evidence as to any
jurymen who were implicated, and he
would have done the whole thing If John
sons affidavit and the action of the police
had not prematurely unearthed it. He did
not think it his duty to communicate mere
suspicious to the court, and so he did not
do it. The court would have to discharge
the jury anyhow if the corrupt men had
been sworn, and even had the court re-
fused to do so, it could not refuse a new |
trial under the circumstances, and that !
would amount to the same thing.
Regarding Kane, Llvernash said Hurley |
told him that man of that name would |
be called. 81 have coached him, F" said Hur- |
ley. HE will admit some prejudice against |
Mcdonald, but he will say he can try the |
case fairly, and you can put any question |
you want to him.
Harry A. Harris testimony related to |
what Hurley had said to him in the court |
room about influencing Mccarthy. Forbes |
objected as this had no bearing upon the |
Johnson case, but the court ruled that |
anything showing guilty intent was adj
Missile.
'As Mccarthy went into the jury-box he |
looked at me, began Hart.
''Your Honor, he winked at him, - some |
what incoherently calculated Hurley.
'eYou had better keep still and let your |
attorney speak for you Mr.. Hurley" said |
the court severely.
'' DO you know him?' he asked, con-
tinued Hart, '''Yes, 1 said.
II like a man named Mccarthy, he
said. Why 1 asked? Because he's
Irish, said he"
Then Hart went on to tell how Hurley
asked if he CLARK had killed any one;
was he friendly enough with Mccarthy to
tell him the secret Il haven't killed any
one yet, said Hart to him. Then Hurley
asked him what he was doing, told him
he had been on the Curtis jury, and was
the man who caused the disagreement, and
then said that if Hart could find out how
Mccarthy stood he would get him Job
better than any he had laid eyes on before.
Captain Lees was also on the stand, and
he told of the events leading up to and |
coming after the sensational adjournment
of court ON Monday night last.