The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-30

courtroom. Nothing startling appears in
the affidavits on file, and the significant
utterances of the court yesterday on two
occasions indicated the result expected up
to that time.
General Dickinson finished the reading
of the longest affidavit upon the motion
| for the new trial yesterday afternoon. The
| instrument continued It's general arraign-
| ment Of the newspapers which, the affiant
alleges, published unfair reports and ar
ticles upon the case during the progress OF
the great trial.
Notwithstanding the fact that the pro-
| ceeding possessed little interest being
| only a review of published matter, the
| courtroom was filled and General Dickin-
sons second days reading was listened
to with much interest. 1t was when the
| following clause was reached that the
court aroused itself from the depths of its
| judicial chair and went into the matter
with its old vigor:
Although the order was made in relation 10
the exclusion of witnesses, the court was well
aware, as affiant is informed and believes, that
the said rule was abrogated and being daily
violated by the newspapers OF the City and
County OF San Francisco in regard to these
matters in this.
"Do you contend. general" suddenly
asked Judge Murphy, that because wit
nesses we're excluded from the courtroom
the newspapers have no right to publish
the testimony, provided they publish it
fairly and correctly?'
81 do SIR" emphatically answered Dick
inson, land | will endeavor to make that
point clear when my time comes to present
argument on the motion"
"But | want things clear now as to speci-
fcations, etc, and want DO more of these
sweeping allegations. l repeat that want
the District Attorney to make a note of
them"
General Dickinson continued to read
from the affidavit as follows:
That it is fact, as affiant is informed and
believes that the Judge of this trial court had
taken from the Chronicle of each morning the
published report of the testimony of questions
and answers by witnesses who testified in the
case to guide him to the evidence which
this case.
That, nevertheless, the court took no action
to interfere with the said papers or to make
any order in relation to this violation OF an
interference with the rights of the affiant and
defendant herein to a fair and impartial trial,
and that he was thereby placed in q posi- don
created in the minds of the people of the CITY
and County of San Francisco, which pervaded
the atmosphere of the courtroom, affected the
Judgment and az this affiant is informed and
believes his counsel were unable to obtain
any of the rights or privileges vested in them
by the constitution of the State of California.
AFFECTED whose judgment?' asked
Judge Murphy, bearing down upon the
reader slightly.
The sentence is incomplete answered
the general. ut should read, Affected
the Judgment of the jurors. May have
your Honor's permission to correct what is
simply clerical error?'
mo, sir! I want no interpretations in
that document. l want everything to read
clearly when this case gets before the Su-
preme Court-if it ever gets there" hastily
added his Honor, setting himself right on
the record.
"But, your Honor, no particular iudg-
ment is specified, consequently /"
II want specifications, sir, and supple
mentary affidavit. l cannot have these
changes made as the reading proceeds"
The affidavit as it neared its own end
took up the character of the audience and
mentioned that there was constantly q
mob seeking to gain entrance to the court
room which at times could not be con-
obliged to fight his way to the entrance
also that Juror Sieberlich was severely in
iured while trying to get into the court
room.
The audience expressed its approval on
several occasions at evidence against the
defendant, 1T was neld, and there was "a
mob atmosphere about the courtroom and
in the corridors which affected and int imi-
dated jurors"
II have no recollection of but one time"
said Judge Murphy, ''when any expires
sion of approval was made and that was
when the jury returned their verdict /
tried to guard against all such conduct
during the trial.
81 do, SIR" returned Dickinson, land it
was when Mrs. Vogel made her dramatic
announcement from the witness-stand."
81 don't recollect any such demonstra-
ton" said the Judge. proceed, sir"
Your Honor had no recollection of the
fact that made application for a citation
regarding certain newspaper men, when as
fact did so.' said General Dickinson.
II have looked the affair up, and find am
correct The Deputy Sheriff on duty in
this court remem bers the occasion also"
II have been as attentive as the Deputy
Sheriff, and heard no commotion save on
one occasion. What is that page where
you are reading, sir?"
1t was when the big volume had BEEN
read to it's ultimate word and General
Dickinson took up the smaller affidavit
referring to the alleged statement Of