The San Francisco call., 1896-08-27
Millionaires, Bankers and Ex.
Officials Examined as
to Bias.
MAJOR BRoMLEY's OPINION.
Attorney Foote Would Not Under take
the Task of Trying to
Shake It.
OAKLAND OFFICE SAN Francisco CALL, |
008 BROAD wav Aup Of


908 Broadway, Aug. 26.
The most distinguished jury that ever
sat IN the local Police Court will try tn g
libel suit brought against Gavin Dhu
High, ex-editor of the Times, by w. ].
Dingee, president of the Oakland Water
Company. 1t is composed of ex-Mayor
G. D. Pierce, ex-Supervisor D. G. Brown,
ex-School Director Frank r. Girard, Major
E. W. Woodward, E. c.. Sessions (ex-presi-
dent Oakland Bank of Savings), Christian
Schneider, a. H. Lake, Edward Arnert,
Charles P. Clark, Thomas Smith, W..
Scheeline and Hugh Hamilton.
1t took nearly the whole day to agree on
the men who should fill the iury-box
while Mr.. High attempts to prove that
what he said about Mr.. Dingee was true,
and therefore not malicious libel. The day
was not lost to the influential lobby that
gathered to hear the trial in which the
whole commercial and capitalistic ele-
ments of the city are interested.
W. W. Foote was present to represent
Mr.. Dingee. Prosecuting Attorney Harry
Melvin represented the people, and Attor-
ney Garrity represented Mr.. Hign. Wa
Beatty, Mr.. Highs former attorney, was
not be present.
The first tiff occurred over the defend
ants request for a continuance because of
Mr.. Beattv's absence. Attorney Foote
said that Attorney Garrity could have no
objection to impaneling the jury. Mr..
Melvin objected vigorously to keeping
seventy business men hanging around
the courtroom and wasting their time.
and wished to get the jury, after which a
continuance might be granted.
''While it is but right that the defend
ant should wish his counsel to be at his
trial." said Mr.. Melvin, Attorney Gar
rity is really more capable to pick an Oak
land jury than Mr.. Beatty, as he knows
the venlre.'
the impaneling of the jury. The first
boxful only produced three who were ac-
ceptable to both sides.
Frederick Delger, probably the richest
man in Oakland, was on the venire, and
modestly stated that he believed he was
on the assessment roll. He had, how
ever, read the article on which the suit is
based and had formed a definite opinion
about 1t, and so he was excused.
Major j. l.. Bromley said he had an
opinion unfavorable to Mr.. High
1--WE won't object to a challenge" said
Mr.. Foote. II have known the major for
twenty-five years, and know that he is
pretty certain to stay with his opinion ii
he has one.'
While Charles Jurgens was being ex-
amined he said he would not believe Mr..
High under oath. Mr.. Foote looked sur
prised, and Attorney Garrity said to Mr..
Jurgens: You aud Mr.. High had some
trouble over an article which he published
about you and your tenants. did you
not?"
YES" replied Mr.. Jurgens, sand he
promised to correct it the next day and
did not keep his word.''
"Of course, deny all of this" said Mr..
High.
II went to see him about the piece, ~
said Jurgens, land he promised to correct
it the next day, and did not keep his
word.
''It is not so. broke in Mr.. High.
Now, look here" said Mr.. Melvin,
springing to his feet, II want this man
to keep quiet or be sent downstairs until
he cools off. He is not brought here to
testify, and he has no right to act this
way"
Thus the day was spent, and during
the afternoon the jury box was fuli.
Court then adjourned, and the taking of
tnstirn0nv will hnCin t1.rnorr0w