The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-06
Lawyers in Graft Trial Fight for Delay
Grand Jurors InterrOgated
by Attorneys for Nicholas
Tactics Call Forth Rebuke From the Bench

Counsel for Supervisor Nicholas and
Janitor DuffR indicted in connection
with the graft inquiry, spent the day IN
Judge Lawlor's court yesterday IN d
fruitless examination of the members
Of the Grand Jury. II was AShing
excursion in which no fish were caught
and the attempt OF the attorneys for
the indicted men to show that there
had been misconduct on the part OF the
Grand Jury was wholly without result
Evidently the desire of the CRATER
for a speed trial diminishes in inten-
sity as he nears the tribunal MICROBES
and Duffy are no exceptions, and their
counsel went TO the extreme limit in a
frantic effort for delay. The proceed
tngs commenced with a motion to set
aside the indictment, which was read
BY Judge Fairall, attorney for Duffy.
The motion enumerated every possible
cause for which a Grand Jury's action
could be questioned, and, Jumping them
ell, counsel blandly hurled the accumu-
lated charge at the body presenting
them. whose members were then called
and questioned till the setting Of the
sun Among the charges enumerated
IN the motion to set aside was one that
the Grand Jurors were all aliens, mi
nors and insane people," and no cause
which the Penal Code mentions was
overlooked.
Nicholas and Duffy regarded the prog
ress Of their trial with dubious faces,
and found little to comfort them in the
results Of the days work. Nine Of the
mem bers Of the Grand Jury had been
examined when the court adjourned,
and the single material fact developed
was that Juror Wallace c. Wise had
been discharged az a trial juror in July.
But the statement was made by the
Il = "a Zoo T-Frr0
would not affect the validity of the in
dictments.
QUESTIONING INTERMINABLE
Twice il became necessary for the
court 10 interrupt Fairau and insist
that the progress Of the interrogations
should be expedited, and several times
Judge Lawlor ordered him to proceed
TO his next subject when he had re-
peated a question needlessly.
At the opening Of the morning ses-
sion Heney asked If this examination
Of the jurors could not be made at one
time for both Nicholas and Duffy.
NO: we viii demand that the mo-
lions be made separately" responded
Attorney Frank Murphy. we have a
legal reason for doing So"
You may have a legal reason" re-
torted Heney, with emphasis.
And we are dealing with legal rea-
sons, 7 hope" was the response.
i had thought that possibly we
were trying TO expedite the admins
rration Of justice" answered Heney,
with a reference to the former cries
Of the grafters for a speedy trial
Then the tedious process of the
questioning began. Nine grand jurors
were called in succession They were
B. p Oliver. James z. Gordon, z. J.
Gallagher, Ansel c. Robinson. Rudolph
Dwyer, jeremiah Deasy and 4. J. San
born.
The jurors were asked what polit-
ical party they advocated until Heney
insisted that no political party was
on its trial They We're asked If they
mad been influenced by the newspapers
and some of them answered that after
they had read the guesses published
in some papers as TO their own pro-
ceedings they did not think they would
be Influenced by newspapers again.
They were asked if they did not all
arise and storm around Janitor Duffy
when he was on the stand and threat
en- him with all manner Of torture if
he did not answer. That was the only
question that brought out an interest
ing answer
DUFFY WAS ARROGANT
Duffy, they testified, had entered the
jury room IN a OenanI ana arrogant
manner. had iusulted the jury and
its foreman and refused to answer
questions. Then oliver and Heney told
him that if he cid not change his man
ner and submit 10 examination he
could be punished for contempt.
one juror in making an excuse foI
his failure OF memory said the body
had not considered the Nicholas case
as Of any great Importance. We are
looking for bigger game" he said.
An attempt was made to show thai
Heney had harangued the Grand Jury
egging il on to indictments. All nine
Jurors who We're examined We're ques-
toned in regard to this, although Fair
all admitted that he had absolutely
no information of any such a thing
having occurred. His days work
seemed to establish the fact that i
had not
Lawlor called counsel for the de
tense TO task for their dilatory tao.
tics and aimless interrogations. H
said
1T seems TO me this examination
has gone wide Of the mark. / hav.
allowed you great latitude, but in view
Of the public interest in this proceed
ing the court suggests that there mus
be more expedition shown"
The case goes on this morning.