The herald., 1897-12-12
TESTIMONY IN
Mcintyre Case Taken Un-
der Amusement
THREE JUDGES HEAR FACTS
BIG DAMAGES DEMANDED FOR
AN AMPUTATED FOOT
Three JUDGES HEAR FACTS
A Petty Thief Sent to Folsom-Bird
Seeking Bondsmen--Lillie Viii
cone Gets a Divorce

The contempt case of G. I. Mcintyre
perior judges sitting in banc in Depart
ment five, and after considerable testi-
mony had been given, the case was TAX
en- under adviesment. The defendant
was not represented by counsel, but at
tended to his case himself AS a conse-
Quence, the court allowed him consid-
cradle latitude in his cross-examinaton,
which was really no cross-examination
at all. Mcintyre waded in a rambling
sort of a fashion into many subjects
which had not been inquired into by the
prosecution, which he helped material
ly on one occasion at least. and only one
witness, Bailiff Marsh, did he in any
way question in a more determined man.
ner upon the facts testified to by him.
The hearing was comenced in Depart
ment five at 1916 before Judges Allen,
Shaw and Clark. Assistant District At
torney Williams who prosecuted, read
the aflidavits of the four jurors, as pub
lished in yesterdays Herald. In answer
to a question by the court, Mcintyre said
that he was unrepresented by counsel
and did not think it necessary to have
legal assistance to give his explanation.
Richard Quinn, one of the jurors in the
Compton case, having taken the stand,
related how one day during the trial,
either on the Monday or Tuesday, McIn-
tyre told him that Compton was a Ma
son. Witness, in reply to a question.
said that Mcintyre and himself be-
\ longed to the order. On Wednesday the
defendant asked Quinn whether he had
seen him walking with Judge Smith, and
when Quinn said yes, he added that
Judge Smith had told him that he did
not believe in the guilt of Compton.
Cross-examlned by McIntyre-"Did
you not state in the jury room while
we were celebrating, that Compton was
not guilty?"
Mr. Quinn with great emphasize
"No, sorr; Oi did natt"
E. NJ. Millsap testified that Mcintyre
had told him in the jury room that he
had 1t from Baliff Marsh that the Judge
did not want Compton convicted.
Mr.. McIntyre-"Doy you remember that
one OF the jurors wrote on a slip of pa
per, while, we were celebrating, and
read to the jury resolution the pur-
port OF which was that, as law abiding
citizens, 1t was deemed the duty OF the
jury, in view of the crookedness of the
board of education and corruption in the
city hall, to bring In a verdict of guilty
against defendant Compton,"
Mr.. Millsap-"1 heard something read,
but do not recollect the purport"
McIntyre-"Did not one juror suggest
that the eleven other jurors should go
to supper and leave me alone, locked up
more than once been "a hours without
grub and could do it again?"
Millsap-"I did not hear it,
McIntyre's further questions were di
rected to know whether on Friday after
lunch all the jurors did not express their
opinion about the case. which was ad-
mitted by witness. 1t was learned that
the first ballot consisted of nine guilty.
one blank and two not guilty votes, and
thereafter there was no change from
eleven ballots for guilty and one ballot
for not guilty until the Jury was dis
charged.
Juror Quinn was recalled by McIntyre
ana asked: Did you not come to me in
the jury room and say that one of the
Jurors thought was an Irishman and a
Catholic, and that that Juror was an
A. P. Az"
Mr.. Quinn laughing heartily, admitted
that he had played that little joke him
self on him, because he thought that
Mcintyre was also an A. p. A.
Juror Longfelow followed and SUBJ
stantially repeated the facts alleged in
his affidavit. He was cross examined by
defendant.
did I not tell you," he queried, chat
in conversation I had had with Mr..
Marsh he said he thought Compton was
innocent?"
A. words to that effect.
Q. "And did I not say that I asked
Marsh what he thought the judge be-
lieved, and that he replied the judge had
the same impression?"
A. "Yes, SIR"
@. Didn't Juror say that Compton
belonged to the Poker Davis gang and
that an example should be made, but
that the Davis crowd did not want to
lose Compton because he was such &
valuable adjunct?"
A. II did not hear it,
Juror Trmble related that after the
second ballot had been cast Mcintyre
said that Compton was not guilty. Wit
ness asked defendant why, and he re-
piled because Marsh had said so. Wit
ness inquired who had told Marsh, and
Mcintyre answered that the Judge had.
Superior Judge Smith then took the
oath, but before he could give any testl-
mony Mcintyre got up and said: II wish
to say most emphatically that Judge
Smith never approached me or said any,
thing to me in respect to the Compton
trial before, during or since its pend.
ency."
Judge Smith: II understand that the
defendant stated to the Jurors that Bail
III Marsh had said that told him Comp
ton was innocent. No word ever passed
between myself and Mr.. Marsh in rela-
tion to the case during the trial."
Bailin Marsh, sworn, said: "McIn-
tyres statement in the jury room were |
absolutely false I made no statements
in respect to the Compton business to
him at any time. In going to meals, one
day on the courthouse steps defendant
asked me If Compton was a brother
Mason, and replied that if he was did
not know it, as had never seen him at
lodge"
By Mcintyre: did you not use words
to the effect that you thought Compton
was innocent?"
, II did not"
"Aud did not remark to you then