The San Francisco call., 1897-04-16
JUROR SIMON WAS
A TR|FLE SCARED
Refused to Agree to Verdict
in the Turner
Case.
Accused of Fraternizing With
the Adherents of the De.
iendant.
Judge Wallace Will Hear Deputy Dis.
trict Attorney Blacks Motion to
Punish for Contempt of Court.

There was q sensation in Judge Wal
lace's court yesterday morning when the
jury in the case of ]. T. Turner filed into
the jury.box and Foreman II. W. Hyman
announced that there was no chance of
an agreement because one member of the
jury-afterward ascertained TO be Isad or
Simon-wOuld not listen to reason and
refused to discuss the testimony or the
law involved in the case.
Judge Wallace smiled grimly, and in
his usual courtiy manner suggested that
the trial had occupied three weeks at great
expense to the people of the community.
He would be pleased to respond to any re-
quest the jurors might make for further
Information if there appeared to be pos
sibility of an agreement.
Mr.. Hyman thought there was no use
asking them TO remain longer; that the
jury stood from first to last II 10 1, and
that the man who stood out had told the
others that he did not intend to agree to a
verdict.
Following are the names of the Jurors:
John A. Apperson, Victor Andler, George
Snyder. J. G. Hecker, Rudolph Ii. Hahn,
II. W. Swasey, E. 0. Tutile, William A.
Hewitt. George r. Richmond, Isador ST.
mon, Henry Rosenfeld and Henry w.
Hyman.
After Clerk Solomon had called the roll,
Judge Wallace looked thoughtful for
moment and said he would like to hear
what counsel had to suggest in the
premises.
Deputy District Attorney Black re-
sponded by saying that he was informed
on good authority that a membe of the
jury had disobeyed the admonirion Of the
court; that he had fraternized with
Turner's adherents, and that he had sew
eral times during the t:ial been seen in
consultation with the friends of Defendant
Turner. One OF the men with whom the
juror had associated was surety on
Turner's bond in the case. Mr.. Black
promised to present affidavits that would
bring tins matter to the attention of the
court in formal way, ald wished to see
whether a man who had been guilty of
such acts could not be punished for con-
tempt of court.
Judge Wallace said he would listen to
Mr.. Backs application il proper show
ing were made. He considered it the duty
OF every citizen TO bear his share of the
burden IN administering justice. and
Jurors on service in the criminal courts
must do their duty as required by law. If
they are neglectful or in any way attic m pt
to shift this responsibility by unlawful
acts they undoubtedly may be punished.
Mr.. Black said further tn at lsador Simon
was the juror accused of misconduct, and
that he had been seen talking with friends
of Turner, and had been drinking in a
saloon with one OF his bondsmen. He
also spoke to one of the witnesses at the
courtroom door touching the case and
about Turner.
Simon hastily left the courtroom as soon
as he was released from his position in the
iury-box. He made no attem pit to justify
MS position, but sat with his head bowed
ana his hand up to his face throughout
Il
by the turn of events.
At this mornings session of the court
Mr.. Black will present his affidavits and
Judge Wallace will ask Simon 10 show
cause why lie should not be punished for
contempt OF court.
Judge Wallace ordered Turner into Gus
tody and raised his bond from $1,000 to
5000