The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-03-31

Knight and MCGOWAN, attorneys for
the defense, held a long whispered con
versation and then there was a lull. In
a few words Judge Cook gave it as his
opinion that the bare fact of indiscre-
ton on the part Of Juror Goetjen in
discussing the case with an outsider
was ground for a disqualification
Knight arose and turning to those in
side the bar, said in an audible tone:
THE prosecution is showing the
white feather
Byington caught the speech and
f1ared UP. I'VE are not showing the
white feather to you, Mr.. Knight" he
exclaimed warmly" Then he mumbled
something not audible, except the
words unfair" and bought"
JUDGE COOKS OPINION.
Judge Cook was busy in the mean
time in explaining the position of the
court in the matter:
From the testimony adduced in re-
gard to tampering with this jury l am
free to state that there is nothing in
my mind that reflects on the defense.
Admitting that the statements made
by the two police officers are true it is
not apparent whether or not it is an
attempt on the part of friends of the
defendant to influence the jury in her
behalf or a deliberate plot on the part
of her enemies to prejudice her case.
Either Interpretation is justifiable I'M
der the evidence adduced. In any case
feel that this present jury is not
qualified to try further the issues in
volved in this case"
Again long conference resulted be-
tween Attorneys Knight and MCGOWAN
for the defense, while counsel for the
prosecution sat immobile. Finally
Knight arose and said:
Under the existing circumstances
the defense does not feel that it can
submit further to a trial of this case
by the present jury. The action of this
court in ordering the jury into the Gus
tcdy of the Sheriff is an aspersion on
my client. 1t means practically that If
a jury returns a verdict of not guilty
in this case the community will not
stand for it. We only desire a fair
trial and not by a jury prejudiced in
any way. Under the showing of facts
adduced by the court / could not and
would not accept a verdict of acquittal
on behalf of my client because the pub
lie might think it was obtained by I'M
fair means and the verdict would not
be a vindication. On the other hand
if a verdict of guilty were found 1
would always feel there was something
wrong about it. Therefore 1 concur
with the court that the jury should
be dismissed"
AGREE TO nISNITSS JITRV
1--WE are willing that the present jury
be dismissed on the showing made"
said Byington, land if the attorney for
the defense puts this in the form Of
a. motion we shall not object"
Il move then" said knight, that
the jury be dismissed.
I'VE wish an agreement that no plea
of being once in jeopardy will be urged
at a further trial. INTERCEPTED Assistant
Attorney Ferral.
I'VE are willing to make a stipula-
ton as regards that" said MCGOWAN
for the defense
Notwithstanding the unanimity of at
torneys on both sides as regarded the
DISMISSAL of the jury Judge Cook held
backsthe formal order until this morn
ing. While he clearly indicated his in
tention of making the order of dis
missal he explained that he wished
until to-day to look over the involved
points and to issue his order in proper
form. In view of the fact that the
procedure of discharging a Jury in a
famous case while the trial is only half
finished is an incident of legal note
and needs research there was no OBJ
lection to his order.
In the meantime the jury was placed
in the custody Of Sheriff Curtis, with
instruction from the court that the
members might be taken for a walk
or to places of amusement, but that
they must not be separated at any time.
Last night Curtis quartered them at
the Palace Hotel, and under guard of
two deputies they took a post-prandial
stroll w Market street, but no theater
was graced by their presence. They
were given permission to send home