Amador ledger. (Jackson, Amador County, Calif.) 1875-19??, 1901-08-02
SNAKES AGAIN.
The Amador Authorities Camp on the Snake
Charmer's Trail.


The Amador Authorities Camp on the Snake
Charmer's Trail.
The second trial of that very i'm.
portant and widely advertised case, oil
the people-or rather few of the peo-
pie VS.. J. c.. McGregor was called in
Justice Goldner's court last Tuesday
Constable Kay returned a venire OF
some thirty jurors summoned.
Mr.. Macquarrie challenged the
entire panel on the ground of prejudice,
in that the constable had received a
list which he had been informed was
selected by the sheriff and district at
torney. He offered to place the con-
stable on the stand to testify. The
district attorney opposed any testimony
being taken on this point, and the
court in its wisdom concluded that it
was not necessary to hear any evidence
to enlighten him in deciding the
question, and arbitrarily denied the
challenge.
The selection Of the jury was pro-
ceeded with. Out Of "a jurors examin-
ed, only four were secured to try the
case. Many had formed or expressed
strong opinion, and were excused for
cause, ten peremptory challenges were
exercised by the defense, and one by
the prosecution.
The constable was instructed to
scour the country in hustling up six
teen more jurors, and court adjourned
until Wadnaeday ,,,n--irs ----
At that time venue OF IL more
jurors was returned, and this was ex-
hausted, leaving the jury still incom-
plete. Four more were broughtinto the
august presence of the supreme justice
court of Amador county, and from this
the jury was completed. The twelve
men finally sworn to try this over
shadowing case were as follows: John
Holtz, h. Marie, r. W. Ketcham, J.
Avise, J. Petty, W. Doyle, H. Stark,
G. Fuller, Jos. Boone, w. E. Stewart,
G. Trenovich and W. H. Carley.
We have already presented to our
readers a summary of the evidence pro-
duced in the former trial. 1t is
altogether unnecessary to go over the
ground again.
U. S. Gregory appeared as the prose-
cutting witness, but the remarkable
fact was that instead of embracing all
the facts and circumstances of the al
legged offense, his testimony was mar
rowed down to simply making the ar
rest. The obvious motive of this was
to keep out of the case certain matters
tending to show the motives actuating
the prosecution of the defendant, and
also the treatment of the accused before
and since his incarceration. Every
thing material to the defendants case
especially the animus of the prosecu-
tion-was ruled out. We have wit
messed many One-sided trials in ANA
dor county, but never have we seen
one wherein the defendant was so COM
pletely shorn~ OF his right to present
the facts of his defense as the one under
consideration. Such method of con-
Quoting trial wherein the liberties of
citizen are involved might have
been tolerated in the days of the
Inquisition, but they are signally out
of joint with the spirit of our free in
situations. Most of the time was &C.
cupied in wrangling between the at
torneys and the court. The attorneys
would endeavor to get through the
head of the jurist on the bench the
points they wanted ruling upon.
After a ruling was secured, they would
again have to strain their intellects in
an effort to find out what it means.
Once the district attorney in all serious
ness, told the court that he did not
believe the court understood it's own
ruling. Probably every one in the
court room fully coincided with the
opinion of the prosecuting attorney on
that proposition. Nevertheless the
court allowed the palpable contempt to
pass unnoticed. Another time the at
torney for the defense, in a vein of sar-
casm, intimated that the capacious
brain of the court contained a full
digest of the laws of the state, and for
this complimentary notice he was
promptly reprimanded in the courts
usual forcible and lucid manner.
Although bound hand and foot by
the legal restrictions imposed by the
court, Mr.. Macquarrie made an able,
eloquent and earnest plea for the de-
PENDANT, in which he stated that one of
his sworn duties as an attorney was:
"never to forsake the cause of the de-
fenseless and oppressed" He scored
the prosecution severely. At times it
looked as if personal encounter was
imminent, but the breeze passed off
harmlessly. The district attorney in
his closing argument evidently lost his
temper and INDUCED in abuse, which
did not help his side in the least. The
jury got the case about II o'clock. At
half-past one the foreman reported
there was no probability of agreeing
upon q verdict, and they were dis
charged. The next act in the serio.
comic farce is awaited with interest.
A Pioneer Gone.
~,x