The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
| tacks or creating an undue prejudice against

tacks or creating an undue prejudice against
such person.
Now in the affidavits before me two grounds
set forth for the issuance OF citations. The
first is the attack upon Juror Brown and the
other is attacks upon two witnesses VINO, IL is
said are witnesses on the part of the defense.
Now let it be understood that jurors are under
the full protection of the court While acting
as jurors in a court they are not TO be attacked,
they are not to be in any way maltreated or
interfered with. They are to be treated fairly
and if comments to be made upon them
they are not to be made to their detriment. If
it were otherwise timid men who might be
called as jurors in case might be intimidated
or swerved from doing their duty.
There is no better principle laid down in the
law than that jurors, while acting as such in a
court, are under the full protection of the court
and are entitled under the law 10 be fully pro-
tected from attack. An equally well-estab-
lished principle is that witnesses who are under
subpoena in courts are entitled to be protected
from attack. Their testimony is not to be an
ticlpated; they are not to be attacked on the
bas is that they are to give sworn testimony,
because if that were not so there is no man-
and we know how disagreeable the position or
some witnesses may be in some cases-that
would come forward and give knowledge OF
facts that he may be possessed II he was subject
to ATTACK and Vituperation from any source
whatever
These understand to be the general prnci-
pies of law, and it seems to me that no gentle
men in our community can understand these
things better than the gentlemen of the press
themselves. If one of these gentlemen were
unfortunately placed at the bar or on trial in a
civil case involving a large amount of property
he would probably feel it as keenly as other
persons did he find that portion of the press
was making unjust attacks upon him; and he
would claim, as he would undoubtedly have q
right to claim, and as counsel for the defense
claims, that no person has right to interfere
during the progress OF a trial with his right to
a fair and impartial trial.
Now, in maintaining this right there is but
one course for the court to pursue, and that is
by such orders as are proper and in the proper
case to issue citations; but while the citations
should be issued and probably, if insisted upon.
viii be issued by this court at the proper time,
vet cannot at this time allow the proceedings
in this trial to be arrested, to stop all proceed
ings in this trial and go into the investigation
of what might be called the side issues.
AS to these proceedings in contempt
were l to cite these people to appear
here this afternoon or tomorrow morning,
they would come in and would be entitled to
show cause why they should not be punished
for contempt They might claim that it was
published with good intent; that it was true
and published for justifiable ends in the inter-
est OF public justice; and were we to go into an
investigation OF that sort it might take days
and, in the meantime, the trial of this case
would stop, and, in the investigation of that
matter it might become absolutely necessary
to determine whether the statements were
true or not, whether well based or not; and the
court might be forced TO give an expression of
opinion upon the truthfulness of some of the
witnesses testimony. That would be injurious
to either one side or the other, and place the
court in very awkward position.
At all events, while feel the necessity of en-
forcing the rules OF law, yet I cannot permit
this trial TO be stopped. cannot permit these
issues to be raised. Whether or not these par
ties are guilty of contempt there is proper
time at which time these matters can be
brought to the attention of the court. / deem
that this is not that time; that we should go
on with the case. AT such time as will not in
terfere with the proper trial of the cause, these
ruill ha These 81 vi will ho
placed on file, and hereafter, if counsel desire
it. the court will take such action as is con-
templated For the time being, the matter
will rest in allegiance.
1.-The matter is not finally determined,
your Honor inquired General Dickinson
'smerely postponed ?"
eyes, sir, replied the court
"Well, then, would to be heard in sup
port of the motion for these citations"
II will give you hearing at the proper
time,n said the court.
81 would submit" persisted General
Dickinson, THAT if we are entitled to re-
lief we should get it while our life is in
danger"
eff there is any time L can give you.n
said the court, II will gladly do So
Mr.. Dickinson then requested the court
to instruct the newspaper men present to
desist from publishing matter concerning
witnesses and jurors; but the court stated
it did not see how that would make any
difference. 1t seemed to him that the
newspaper men had keen sense of justice
and would be guided by that.
'If your Honor pleases,' continued
Mr. Dickinson, 'we are entirely helpless"
But the court could not see it that way
and ordered the call for veniremen. The
usual number of them bobbed up with ex-
cuses which consumed the time of the
court for half an hour.
"If the court please" said General Dick
inson, after the excuses of jurors had been
heard, ''we object to any further proceed
ings in this trial on the ground that there
were nine jurors drawn and sworn and