The San Francisco call., 1904-12-01
Drinks With Attorneys De-
Tending a Man on Whose
Guilt He Is to Pass
SENSATION IN COURT
Sternly Rebukes the
Offender and Promptly
Orders Discharge of Jury
Special Dispatch to The can

misconduct of Juror Louis Cavallaro
with the attorneys for the defense and
the subsequent dismissal Of the jury in
the Nolberto Coronado murder case
created a sensation to-day in Judge
Tuttles court The case had been on
trial for the past ten Gays and Nolberto
was on the stand in his own behalf
When the case was called this morn
inc District Attorney Campbell pre-
sented an affidavit made by c. Olsen.
alleging improper conduct on the part
Of Cavallaro and which also referred
indirectly 10 Attorneys ". a Bowden
and Bertram A. Harrington. Campbell
then made a motion that the court dis
charge the jury.
The afTidavits of Olsen recited a
number of instances where Cavallaro
and an attorney for the defense drank
together in the Parlor saloon, and ii Is
also set forth that another juror was
present at some of the gatherings.
Olsen on another occasion had heard
one Of the attorneys for the defense
say 70 Cavallaro, You understand,
don't you?"
District Attorney Campbell stated to-
the court that the acts of the juror
We're suspicious. and he believed that
experience had fully proven that it is
a semi miracle. and practically un-
known, that a juror should consort
with either side of a cause during
trial and join with his fellows. in
verdict for the adverse side at the end
Of il. On the contrary, the District At
VOTES
as he drinks. with his friends.
JURY is DISMISSED.
Attorneys Bowden and Harrington
did not reply to the statement. of the
District Attorney They asked for cop
les of the affidavit.
Judge Tuttle stated that he was not
prepared to pass on the matter at once,
but would look into il, and he adj
journed court until o'clock this after
noon.
Attorneys Bowden and Harrington
presented afidavits thisSafternoon de-
nying that anything .-rong had oc-
Cured in their relations with Juror
Cavallaro. An affidavit was also pre-
sented by Cavallaro making the same
denials and stated that he had only
met the attorneys in social way, as
he had been in the habit of doing for
years. and that at no time had he and
the attorneys for the defense discussed
the Coronado case.
Judge Tuttle then took up the motion
for a dismissal. He said that he was
surprised that attorneys should so far
forget themselves and the spirit of
their oath of Office and conduct them
selves in a manner that must of neces-
sity arouse suspicion. But for juror
to act in such manner was an insult
to the court after the admonitions
given and a menace to the measure of
usefulness of a juror For long
time" continued Judge Tuttle, Il may
say for years, rumors have been float
ing about this community that jurors
have been tampereo with and the
course of justice in our courts thereby
defiled The familiarity of certain at
torneys of this community with jurors
in the way of treating to cigars. drinks
and even to dinners, as well as holding
apparently confidential conversations
while causes were in actual trial, have
been pointed to and commented upon
until the jury system, /; S it exists in this
county, is becoming a byword and re-
proach to justice and common honesty.
1t is high time that radical steps be
taken that this system, so powerful for
good when unsullied, may not become
IN this community a stencil in the nos
trils Of it's people and a damnable
farce"
JUDGE SCORES ATTORNEY.
Judge Tuttle then asked Coronado if
he would consent TO a dismissal of the
jury. Coronado said he would not;
that he had been in Jail three years
and wanted to be tried by the jury Sc
lected.
The court then made an order that
the jury be dismissed without verdict
An exception to the order was taken by
the attorneys for the defense
Attorneys Bowden and Harrington
stated this afternoon that Coronado
could not be tried again, as he had
once been in jeopardy. They declare
that Judge Carroll Cook of San Fran
cisco refused to dismiss the jury in the
Botkin case when charges were made
against it for the reason that it would
mean the dismissal of the defendant
They propose to at ONE take steps to
secure Coronado's release, and unless
1t is granted by the courts here the
matter will be taken to the Supreme
Court.
Coronado is charged with the murder
of Frank Narona at Guadalupe in 1901.
This was his third trial. The first one
resulted in a disagreement and at the
second he received a life sentence, but