The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-03

Grand Juror R.. B. Kittredge Had ID
No Legal Right: to Be
Grand .Jurynlarl,.i'.
Other Acts Of the Late: Inquisitoriat.
Body Will Be Held to Be .:..
~ %! tu' - -. = =: =

DR.. Frederick II. Stable has two more
chances to escape from the consequences
of his term at the: City and County Hos
pital,. because "a brace. OF. iEdictmen
charging him with: EN- bezzlement were
dismissed by Judge Carroll Cook lon a
technical objection yesterday. +.
The point was made that one Of: the
grand jurors who voted for the Indictment
was not a taxpayer, and consequently the
indictment was void. -. III. =.
Attorney Edgar: Peixotto, representing
the prisoner, contended that as Grand
Juror r. B. 'Kittredge did; not pay any
taxes to the City and County he was not
qualified to act as an:inquisitor into the
affairs of other me in bers of the commun-:
ity. In support of.this he presented proof,
that the property belonging to the kit
tredge family was assessed 10 Mrs. Kit
tredge; and, although that fact: had no
relevancy, he brought out that the
amount paid in taxes was less than aidol-
lar. " -
/ Assistant District Attorney Hosmer,
representing the District Attorney. made
no opposition to the motion to dismiss
the indicl ments in question, :and the
court made the order as requested, re-
marking incidentally that.the. law Is clear
and cannot be misunderstood. DIR: Stable
was therefore ordered dismissed from
custody, so far as the Two indictments in
controversy were concerned - -
This order does not get Stable out OF
his troubles, however, for he will be called
on to answer two'other indictments. that
were based on substantially the same
grounds, charging him with taxing: valu-
able property belonging to the City and
County. Although these indictments
were formulated and presented by tho
same Grand Jury, it is held that they will
legally hold as against The defendant be-
cause be did not raise the technical OBJ
lection that one of the grand jurors was
not qualified TO act. Instead of making
that point, he filed demurrer. thus
legally waving his right in that respect.
The demurrer was offered on the ground
that the word 'ibaiee was used in the ac-
cusation of the Grand Jury which. Mr..
Peixotto asserted, was fatal defect. .
Mr. Hosmer does not take this view. of
the case. He thinks the. word "bailee"
may be treated as ''surplusage," and will
SO argue when the case comes up for hear
ing. The fate of DR.. Stable may thus be
thread of technical construction. :. :.
=. Friends OF Mr.. Kittred Re feel that some
explain alton is d ne him on account of the
unfortunate position in. which. he finds
himself: at the time he was examined
in regard to. his:quaiifcations to serve as
a grand Juror. he thong bit he was on the
tax list, not knowing: that his wife had
made out the list of property in her own
name. This lack of information caused
the mistake to be made and led to the en-
tanglements that have: since en- sued. s>..;.~
Several other indictments were pre-:
sented by the same Grand Jury. The
binding force of these will not be dis
turbed, Mr.. Hosmer says, because the ac-
cused in all the other. cases have filed
their pleas Of ,'.guiltyn. or: t'not guilty.
thus waiying their right tomake technical
objection to the. manner in which the
Grand Jury was organized. -: =. i. +.