The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-01

Witnesses Swear That He Talked
to Them About the Tur-
ner Case.
Strong Testimony to That Effect Ad-
duced in the Hearing Before
Judge Wallace.

Isador Simon had an unpleasant hour
in Judge Wallace's court yesterday in an
swering to charge OF contempt of court
Simon was juror in the case of j. F..
Turner, who was tried for grand larceny.
When the jury came into court to report
that they were unable to agree, the fore
man caused a sensation by declaring one
mem Der of the jury had refused to share
in the deliberations of the jury, but from
first to last had stood out against the
other members on the question of the de-
PENDANTS guilt.
At that time Deputy District Attorney
Black announced that he could prove
that Simon had been talking about the
case, so he was cited to show cause why
he should not be punished for contempt
OF court for disobeying the Judges orders
not to converse about the case, and yes
terday was set for the hearing.
An affidavit by Simon was read by At
torney Schell. 1t set forth that when the
balloting began in the jury-room there
were five votes for acquittal afterward
there were four, then three and finally
only one for acquittal. ALI the allega-
tons of the accusing witnesses are denied,
and it was charged that Mrs. Flnnecan is
the plant tool of Megginson and Frenna
in their desire 10 be revsnged on Simon,
because they were deprived of their re-
yenge on Turner, when he would not vote
for verdict OF guilty as charged"
The affidavit contains this additional
matter, which will be of interest TO Jurors
and other citizens:
The only conversation afiant h ad relative to
Sph mr. oft ba
trial, when j. G. Hecker. one of the Jurors
sworn to try said cause, said to affiant, "Do
you know how much Eisenschimmel gets a
day." To which afiant replied, 81 don't
know. How much does he get day." To
which Hecker replied, "Well, was told he
got $50 day Affiant then said, "who told
you that?" and Hecker answered, "Juryman
Rosenfeld told me-" Thereafter when affiant
resumed his seat in the jury-box he leaned
over said Hecker's knee and said, as that so
that Eisensch immel gets $50 day for ex-
perting here?" and he replied, eyes, that's so,
and Elsenschimmel says the Jurors are well
paid 50 day"
J. III. Paige testified that he knows Isa-
dor Simon by sight. He saw Simon in
the jury-b during the trial of J. f. Tur-
ner, charged with grand larceny. During
one OF the recesses of the trial the witness
heard Simon talking to one of the wilt
nesses bout the testimony of expert Carl
Eisenchimmel in the Turner case. He
said, did you notice how he changed his
testimonyY' Then he spoke about the
testimony concerning the shading of let
tiers. 1t was at the noon recess, in the
courtroom, that the conversation between
Simon and the other witness took place.
At the request of Judge Wallace the
witness stepped down and pointed ont the
chair in the courtroom In which Simon
and himself were sitting at the time of
the conversation about the testimony in
the case.
He said: 81 was talking with Meggi-
son, Frenna and Mrs. Elizabeth Finnecan,
and 1 said it looked like good jury.
Somebody said they thought there would
be a disagreement, and l said if there was
l thought l could tell who would be the
what l heard Simon say. l told 1t to Meg
gison in the presence of the Others"
In reply to Attorney Schell, who repre-
sented Mr.. Simon, Witness Paige said chat
he went to the Office of the District At
torpey and swore to an affidavit set
ting forth the facts. He did so at the re-
quest OF Meggison. According to his
recollection the conversation OF Mr.. ST.
mon took place on the 9Th OF April, lust
before . O'Clock.
Mrs. Elizabeth Finnican testified that
during the trial Juror Simon talked with
her about the case. He approached her
as she stood at the door of the courtroom
and said a great deal about the case. He
said he noticed that she was a constant
attendant at the trial, and went on 10 say
that it was too bad that there was SO
much vlllainy abroad, and wanted to
know If she was interested in the case,
and when she told him no, but she might
have something 10 do with this man here
after, he said he would rather it would be
she than he who had to deal with Turner.
He thought it too bad that people like
this should prosper all the time, vet that
was the way it looked. He said he would
not have the nerve to ask man to per-
jure himself for him, but this person on
trial seemed to be able to get all that he
wanted that when persons like this could
accomplish their ends it was too hard for
honest people.
Attorney Schell had lot OF am usement
in cross questioning Mrs. Finnican. but
she proved as witty as the lawyer and her
story was not shaken.
J. F. Hecker, one of the Jurors in the
Turner case, was introduced on behalf oil
the defendant and ties tified hat he talked
with Simon about the pay of the expe ri
and it appeared that they understood e
got $50 day.
Judge Wallace said that would be a
harmless interchange between Jurors.
DR.. w. P. Cool, A. D. McAvoy and J. H.
Bartlett disputed an allegation in Meggi.
son dIludVlI tudL CliuOn was lOlteri q
about Turner's office on Saturday
April 10.
Victor Duhem testified that he wit
messed the meeting between Mrs. Finne.
can and Simon at the courtroom door.
She seemed to attract Simons attention
and they talked only few seconds.
Mr.. Schell said this was important, as
Mrs. Finnecan had detailed converse ton
that would take five minutes by the watch
to read.
On cross-examination by Deputy Dis
trict Attorney Black it was admitted by
Mr.. Duhem that he was one of Turner'S
bondsmen in former trial and was very
friendly with him.
Mrs. Duhem testified that she heard
Mrs. Finnecan say she hoped to see Turner
behind the bars.
Further hearing of the case was post
poned for one week.
Sunday Excursions
Nav be unpleasant on other lines oyine