The San Francisco call., 1906-11-03
Jurors Wanted by
Ruef Disqualified.
Fifteen Additional Names Are
Drawn to Complete Panel.

Judge Grahams decision yesterday
excusing Britt. Twigg and Magnin
from the Grand Jury was rendered on
technical grounds. The pill was sugar
coated, but Ruef gulped. Magnin had
protested that he was not a politician
and Britt's consanguinity is perhaps
one degree removed from the royal
power, but Ruef had set his heart on
them.
Outside in the rain the Gleeson
dragons shivered. There was no mob.
and as the Dragons could not stop
the rain they might have been allowed
to depart The dragons. with all their
feathers. were acold.
The Judge explained to the three
excused jurors that there was no dis
grace in their taking off, but Sam
Shortridge declared that he would
prove that the whole proceedings were
worthless. He discovered an error in
the introduction of second tin box
in which the names OF FIVE of the
jurors had been placed after they were
drawn from the Grand Jury box.
There are two Grand Jury boxes?"
Shortridge exclaimed in horror. and
the whole proceedings are invalidated"
The Friend of the Court" was some
what late in the advice he gave He
waited till the error" had passed
firmly into the record before he called
the attention of the court to his dis
covery. When asked after the adjourn
ment when he first noticed the fact he
parried the question. but showed a
note in his manuscript to indicate that
it had been revealed to him in his
office several days since.
The proceedings in the drawing. of
the jury are perfectly legal" said
Judge Graham when he was later ques-
toned about his friends" criticisms,
and Heney showed no concern.
JUDGE GRAHAM.S DECISION.
The decision of the court in excusing
Britt, Magnin and Twigg is as follows:
After an investigation of the au-
thorities cited by counsel bearing upon
the questions involved before this
court: Must grand juror be upon
the last assessment roll of this city and
county on property belonging to him to
qualify him to act as a grand juror. this
court is forced to the conclusion that un-
der the provisions of section 1913. Code
of Civil Procedure, and subdivision 4
thereof, the name of the juror must
appear on the last assessment roll on
property belonging to him. There Is
no ambiguity or uncertainty as to
what the Legislature intended or
meant when this law was placed upon
the statute book. 1t did not mean
yesterday nor one year ago, but whsbl
the last assessment roll was made up.
The sections of the code governing
this question having been construed by
the first Appellate Court of this State
in the case of Haughton VS.. the Mar
ket-street Railroad Company, it is held
that the last assessment roll contem-
plated by the statute was the last one
made up. It therefore appearing to
the satisfaction OF the court from the
evidence adduced that the names of
James E. Britt. John F. Twigg and
Joseph Magnin do not appear on the
last assessment roll for 1906 on prop
erty belonging to them or either of
them. The challenge interposed by the
people that they are disqualified for
that reason is in each instance allowed,
and the Jurors are excused
THREE MORE JURORS DRAWN.
Five names were then drawn from
the tin box which had caused Short
ridge so much concern, and the follow
ing three appeared to be qualified to
sit on the jury:
B. P. Oliver. real estate dealer, 104
Montgomery street. residence 1900 Col
den Gate avenue.
C. B. Rody, drayman, Jackson street
wharf residence 2724 Howard street.
w. P. Redington. Wholesale druggist
Third and Townsend streets, residence
25O9 Scott street
Inree jurors having oeen excused
and three drawn there were then the
same number Professionally accepted as
at the beginning of the day. that is.
fifteen. County Clerk Mulcrevy then
drew fifteen names from the box, under
instructions from the court. while
Heney and Shortridge watched.
The following names were drawn:
Maurice Block, 1882 washington
street; Ansei c. Robson, 335 Kearny
street; Michael J.. Bohannan, 4OS1z
Ninth street; John Morrisey, Palace
Hotel: L. R. Fulda, 628 Kearny street:
Charles Dunphy. st. Francis Hotel;
Dewey Coffin, 1928 Mission street:
James Shea, 2415 Octavia street; F. G.
Sanborn, 613 California street; r. E
Miller, 1916 Golden Gate avenue;
Charles Carpy. 1852 California street;
T. H. Morris. Phelan building: John T.
Gibson, 1902 Market street; F. W. Pitt,