The herald., 1898-12-14
YOUNG CLARK's ATTORNEYS Sc
CURE A WEEKS GRACE
TRYING TO CAJ0LE JURORS
McComas Doubts Good Faith of De-
fense-says shinn Is Working
the Sympathy Dodge

bv the attorneys tor Harry L. Cidrh, th'
Young man lately convicted OF the murdel
of Wong Sing Hay, the Chinese Laundry
man. at Tropico last May. When the cause
was called yesterday, Attorney Shinn aros'
and said
.'In that case, your honor, the defendant
is not ready to proceed with the motion
We would ask that continuance be granted
for week or ten days
Denutv District Attorney McComas was
expecting such move on the part OF the de
fense. and had prepared for the event by
taking a chew of tobacco of more than or
dinary size. which he rolled in his moutf
as he looked on with indignation. DIS
charging the juice and shaking his curls II
a resolute manner, he blurted out:
..The people are opposed to continuance
If the defense is not ready yet, it probably
will not be ready. I do not think the re
quest is made in good faith"
"Of course" responded Judge Smith
s'some reason would have to be shown. Inc
cause has been repeatedly set over Tor the
passing of sentence, and if further delay Is
wanted there must be some valid excuse.
.I would state" said Mr.. Shinn, that
we have been aborng under unusual dli'
Gcuties. We have learned evidence which
we deem vital to our interests, but l am not
at liberty to state what it is. at least tol
publication. am willing to tell the court,
but I do not want it to get into the news
papers. If published, it would be likely to
defeat our object.
Gas Hunters trial has been set for COM
mencement late in January, called the mat
ter to the attention of District Attorney
h. o1-praecaA rarfaot 1yi1lip n
ness, and thought it proper that the Clark
case should not be determined until all the
facts had been brought out at the trial of
Hunter"
The Court-Are the reporters notes OF
the testimony taken at Hunters preliminary
examination written up yet!
Mr.. Shinn-Yes, sir, but there were many
facts not brought out at the preliminary eX-
animation. There were practically no new
witnesses examined, the evidence being
mainly confined to such testimony as was
used in Clark's trial
A list of the witnesses who took part in
Hunters examination was then read by
Mr.. Shinn, who made brief allusion to the
salient points of their evidence, which had
reference to new issues.
Judge Smith replied that most OF the wit
nesses had been heard before and that prob
ably they had not varied greatly in their
statements, to which Mr.. Shnn had to admit
that the transcript did not disclose much
that was new.
The court then intimated plainly and in
forcibe language that the question present
ed was what, if any, new evidence could be
secured, for continuance could not be had
unless there was reason to believe that it
would result in the gathering of additional
proof in support of the motion for a new
trial. To this Mr.. Shinn again said he
would state privately to the court the sub
stance of his expectations, but could not
in justice to his client reveal to the public
the nature of the defense which he hoped TO
be able to make.
eyes, you stated in your affidavit" said
Judge Smith, "that you had a witness at
Santa Cruz whose deposition you needed.
We know all about that, but what effort
have you made to reach that witness?'
Mr. Shnn-I went to Santa Barbara, your
honor, and found that the letter | had writ
ten to the person there had not been deliv-
cred. He had gone to Lompoc, or else
where. Then, on last Saturday, learned
OF new evidence important to the case,
which, if published, we might not get l
think, your honor, if you would give us a
weeks continuance, we could obtain the
proof we are seeking, and l will not ask a
further continuance unless we can show to
your honor's satisfaction that we are en-
titled to it.
The Court-How about it, Mr.. McComas:
Mr.. McComas-I don't know what Mr..
Donnell may have told the attorneys on the
other side, but he is accustomed to contide
his purposes to deputies, and he has said
nothing to me. In the absence of specific
directions from my superior, / shall oppose
the granting OF a continuance. No wonder
the defense is finding it difficult to establish
its line of proof. 1t is always difficult to get
people to swear to things that are not true.
Mr. Allen-I must object to the language
of the district attorney. He has no right
to impute unfair intentions to counsel.
Mr.. Shinn-The witness whose evidence
we want was at Clark's trial, but is not here
now. | do not know what has become of
him.
Mr.. McComas-Well, gentlemen, if | did
not know that you had been fishing around
the jurors who convicted Clark, trying to
get them to 90 back on their verdict, |
might take some stock in your professions
new evidence. New evidence!
Why, numbers of jurors have spoken to me
about it and asked me what they should do;
that the attorney for the defense had been
insisting that they should sign petition ad-
dressed to the court and asking that the
case be reopened.
Il asked them if the verdict was found
in accordance with their convictions, and
they told me it was; / asked them if they
were still of the opinion that their Judgment
was correct, and they answered yes; so |
told them by all means to stand by their
verdict, since it was found in accordance
with their unbiased opinion. Why, even a,
came into court this morning, one of the
jurors told me they had been hanging
around him, and wanted him to renounce his
verdict"
BY this time the atmosphere had become
quite dense. Mr.. Allen jumped up to say
he had not seen or talked with a single Juror.
and Mr.. Shinn, on whom the burden was
thrown by the joint declarations of associate
and opposing counsel, disclaimed any wrong
full attempt to lead the jurors away from the
path of duty But Mr.. McComas persisted
that one juror had said the attorney had
''importuned' him-yes, 'actually impor.
tuned" him.
Judge Smith probably had it on his mind
to grant continuance, anyway, but wanted
to draw out as reasonable an explanation
Of the request of the defendant as could he
secured before granting further time. He
insisted that all this outside influence sought
h. ,.a.1