The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-08-19
Says Improper Influence Was
Exercised on the
Jury.
SOME STRONG AFF1DAvITs.
Thomas Dolan, Juror in the Case,
Tells a Peculiar
Story.

land others of the defendants side OF
the case. makes the motion, and in doing
so springs sensation.
His motion is based on what he alleges
was corrupt influence brought to bear on
the jury which rendered the verdict, and
in submitting his motion he includes atfi-
davits from all having any knowledge OF
the case.
The original suit was one for conversion
OF property brought by the Lombard Loan
Company against the Sheriff and every
one connected with the attachm which
hung over the goods and chattels OF the
pawnshop. The predecessors OF the Lom-
bard Loan Company were j. l.. Solomon
d Co., and to that firm Judah Boas had
loaned some thousands of dollars. 1t
filed a petition in insolvency, but this
was dismissed, and then the company was
made corporation.
Just after the incorporation Boas levied
an attachment On the property of the
corporation, and the Sheriff was put In
charge. But the Lombard Loan Company
claimed that the property belonged not to
Solomon q Co., the plaintiffs in the
case, but to the corporation, and ac-
cordlngly the corporation brought suit for
conversion of property against the Sheriff
and all concerned, for $4,000 damages.
1t was in the trial OF the suit that Boas
charges corruption.
In the action for conversion 81. G.
Dibble and G. B. Young were attorneys
for Boas, Fairall for the Sheriff and Whaly,
Davis & Bell acted for the plaintiffs.
Shortly after the trial commenced, says
Boas in his affidavit, he learned from a
conversation he had with Mr.. Fairall that
improper and corrupt means were being
used by the officers of plaintiff S company,
or some one on It's behalf, to influence the
jury and secure verdict against him.
He told Fairall he would have nothing
to do with any such business, and then
he told Mr.. DibbIe. Dibble told him to 90
to Morse's detective agency and send
Captain Callundan to his (Dibble's) Office.
This he did.
Boas says ne did not know any Of the
jurors, but he frequently saw in the court
room a heavy-set man with full black
mustache, who he was told was a jury
broker working for the plaintiff. He also
saw man he afterward learned was
named Crawford talking to Juror named
Sweeney. His actions were also suspicious
to Boas, Young and Dibble ard he was
continually running in and out of the
courtroom.
Judge Daingerfield was notified, and he
advised Boas to wait until some definite
charge could be made and then to report
statement
Thomas F. Dolan, one of the Jurors in
the case, deposed as follows: On the
afternoon of April q, 1896, he met Mr..
Dibbe in the hall and walked toward the
courtroom with him. When nearly OPP
posite the Judges chambers one of the
jurors, unknown to him then but after
ward found to be Francisco Toboas, came
running from the courtroom and said to
h m 6..ru II anf -
you" Toboas asked him if he had made
up his mind in the case. and he said no,
he had not heard all the evidence. "Never
mind" said Toboas, and he led Doan
down past the District Attorneys office.
Here Dolan says he saw Mr.. Fairali talk
ing to shabbily dressed man with
black mustache who held a piece of ma
nilla paper in his hand. As they came
up to the two men Toboas drew near to
them. Then he asked Dolan what his
name was. Dolan told it. Then Toboas
asked the man, us that man on your
list?" and he said "T. F. Dolan2 Yes"
Then the shabbily dressed man asked
who was the foreman of the jury. To-
boas turned to Dolan and repeated the
question, and Dolan said there was no
foreman. Then the man said he would
see Toboas about 'this tomorrow" Then
Toboas turned to Dolan and said: "You
don't care what way you vote on this
thing, do your
What do you mean ?' said Dolan.
There is some stuff in this; the other
side is putting up and this side is going
to do the same thing, and you might as
well get in on this thing" was the answer
Dolan asked him if he did not know he
could be sent across the bay for such work,
and Ioboas asked who was going to give
the thing away. Then Dolan instructed
MIN to say no more to him of the matter.
Afterward Dolan asked who the third
man was, and Toboas said it was some one
he had brought up, but he could not tell
his name. Dolan then asked where the
money was coming from, and Toboas said
1t came from Fairaii's side and the man
who had Just left them. The money
would be left at their houses, and no one
would know from whom it came.
IL IN the morning in the jury-box, Dolan's
aHldaVit continues, Toboas said: "How
are you stacking up9''
hat do you mean?" said Dolan.
think that thing fell through" To-
Doas answered him.
About an hour after, continues Dolan.
some one opened the door of the court
room. Dolan would not be positive
Wpetner or not it was the man he had seen
the DAY before. The man in the door
GREW MS finger across his throat and
looked over to the jury-box. Dolan asked
ioooas II ne had seen him, and Toboas
said be had not.
Continuing Dolan said Toboas kept talk
ing IN the jury-box, and among other
10 thlngs ne said Boas had slots of stuff and
en "a II ne would put up it would fix things
all right" Toboas had told Dolan that it
was ms first experience on a jury and he
ana not understand things. Toboas also
asked II Doian knew Harry Brickwedel. an
other OF the jurors, and Dolan said mo-
AFTER the verdict Toboas said to DoIan he
tnought the ''other side" was fixed and
nao put up money. Dolan states that be
asked what made him think SO, and To-
Doas SAID he just thought so, and he
Inought Brickwedel was in il. Further,
Dolan says Toboas changed his vote in the
Jury-room several times. First he was for
pialntlii, then for defendant, then for
piainnH again and then once more for de-
ienoant. Brickwedel alter the verdict had
been rendered, Dolan says, told him he
thought Toboas was "fixed."
Gus 8: Spalding, one of Morse's men,
MADE aff1davit that he had Swallowed a
man named Crawford ON A nriI d He