The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-03-19
WANTED JURORS SEARCHED.
A Strange Request Made by a Juryman
Yesterday.
How the Wise Men i'm the Fresse
Case Conducted Them
selves.

| The jury in the case Of S. w. Fresse,
charged by J. r. Avis, manager of the
Singer Sewing Machine Agency, with
having embezzled the proceeds of the
sale of a sewing machine, had what
might be termed monkey and-par-
rot time of it last evening.
The case was concluded in Judge
Harris court late in the afternoon, and
the Judge gave the jurors very careful
instructions to guide them in their de-
! liberations over the evidence and the
facts. The jurors were J.. l.. Goddard,
George Hack, Charles Shreiner, d. j.
Considine, William Mitchell, j. 7. Hill,
! E. Gravel, c. L. Stanfield, J. NJ. Nance.
George Ogg, n. d. Gage and James
| WEIGH.
Shortly before o'clock the jurors
returned to the courtroom and inform
ed Judge Hart that they could not
agree.
The court asked them how they stood
numerically-he did not wish to know
their convictions regarding the guilt
or innocence of the defendant.
The foreman replied that they stood
nine to three. He then requested the
court to give them instructions regard
ing the evidence.
Judge Hart informed the jurors that
the court could not do that. If they
desired to have the evidence read TO
| them again he would so direct, but
they must themselves be judges of the
evidence and the facts-the court could
only instruct them in regard to the
law.
Then one of the jurors surprised the
court by asking that an order be made
requiring every juror to be searched
for concealed weapons before they We're
sent back to the jury room.
There are three men, your honor"
said the juror, who swear they will
stay there till hell freezes over be-
fore they will change"
| At first Judge Hart was inclined to
think the man was trying to be funny,
and asked him what he meant
/ The juror repeated his desire to
have any weapons the jurors might
have about them taken away-that
they had been having a rough and
stormy time of it, and he was afraid
someone might get hurt if they We're
again sent out.
| Judge Hart, seeing that the man was
in earnest, read the jury a severe and
wholesome lecture as to their duty to
the State, the county, the defendant
and themselves. The responsibility
resting on them, he said, was
the greatest that devolved upon
citizens, and he hoped he would hear
no purifier limitations of trouble or
violence. They should conduct their
deliberations in dignified, decent
manner becoming citizens charged with
the duty of deciding questions that in
volve the rights and liberties of others
The court then informed the jurors
that as they We're so near an agree
ment he would return them to the jury
! room, and he trusted they would be
able to arrive at a verdict before long
| Before leaving the courtroom juror
who had not before spoken asked the
court to interpose it's authority and
not permit jurors to use foul and in
decent language toward their asso-
ciates in the jury room.
| The jury had been out less than fif-
teen minutes when big rumpus was
heard. Loud and angry voices came
from the Courthouse garnet, and ap-
parently there was a Corbett- Fitzsim-
mons-Or more properly, a Donnybrook
fair-style of discussion in progress.
| Quite a crown of men We're attracted
to the sidewalk under the jury room by
the noise overhead but after a while
things quoted down again and the ju-
rors were left to their peculiar methods
of celebrating on verdict.
About ~ O'Clock the jurors succeed
ed, without the use of guns, in coming
to an agreement, and returned a ver-
dict of guilty of misdemeanor embeZ-
! Element