The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-12
Ach Argues Status
of Grand Juror
Wise

Despite the trucu1ent cry that he
came "to give no quarter" Eugene
f. Schmitz sat very peaceably all day
yesterday I'm Judge Dunne's court, be-
hind a solid phalanx of counsel, who
talked much but evinced no desire for
beginning the trial. The burden Of his
lawyers argument was that there had
been improprfetics in the manner of
bringing Schmitz and his partner, Abra-
ham Ruef, into court. Although it is
evident that substantial right of the
accused has been invaded. even if their
protests against the form of the pro-
cedure were well founded, they are
full of objections, which it will take
days at the present rate of progress to
explain.
Henry Ach consumed the time of the
court at the morning session with many
words leveled at the particular impro-
priety Of Grand Juror Wallace Wise.
Despite the fact that Schmitz is
burning with zeal to meet his enemies
face to face, he is willing to spend a
week or two in talk about Wallace
Wise Ach began with an oral motion
to strike from the files the Indictment
in case number 300, explaining that his
motion on the day before had applied
to all the indictments in a lump, and
that he was about to take them up sew
orally. He argued that since the grand
jurors had been examined and accepted
by the presiding Judge it had been dis
covered that Wallace Wise had been a
juror in Lawlors court within a year,
and that hence he was not a proper
person to aid Schmitz in his desire to
have speedy trial. Against the pro-
test of the other side Ach asserted:
URGES TECHNICALITIEs
Il say the defendants rights have
been interfered with I dispute the
power of this court to say that this is
a mere technicality. The law does not
permit Judges to thrust aside laws in
such manner"
Then he went on to say that if he
could prove that Wise was an improper
person he would insist that the whole
panel was invalid and all the indict-
ments void. In which case 1t would
seem that Schmitz would be- farther
than ever from the trial he seeks.
LIN answer to the point raised by
Ach. Heney responded that section $50
Of the penal code of this State made t
plain that mo indictment can be af-
fected by reason of any imperfection
in matter of form which does not tend
to the prejudice Of a substantial right
OF the defendant"
The only questions they can put to
the members of the Grand Jury at
NAAio tAiitt AC OdiQs dlC lllOSt I0ltl-
ring TO the bias or prejudice Of the
grand jurymen. Courts have found
that the protection of the people as
whole are as important as the technical
rights of individuals. In this matter
our code has gone further than the
Federal statute, in not allowing a trial
to be interrupted by any matter of
form which does not invade the sub
stantial rights Of the defendants. And
" q if
very material how a defendant is
brought into court as long as he is de-
Tended by such an array of able coun-
sci. The entire people is interested in
/ having persons who violate the laws
brought to speedy trial in order that
others may be bettered. The Legisla-
ture has determined that 1T is better
to have an occasional mistake in bring
ing the wrong man to trial than 20
have justice evaded through the I'M
scrupulous efforts of shrewd attorneys
raising technical objections.
HENEY is INTERRUPTED
What injury would be done if a
man were brought to his trial through
the vote of one member of a Grand
Jury who did not happen to be on the
assessment roll? Ny experience has
been that men without dollar are as
keen for the law the millionaire.
RockefeIers," INTERCEPTED Shortridge.
Heney was interrupted by Henry Ach
necessarily. Ach evidently mistook the
public prosecutor for an encyclopedia
of law and asked him innumerable
questions, until Heney protested.
81 am not here for the purpose of
having a coloQuy with you on every
point which comes up" he said.
Ach urged that it would be possible
under Heney's contention for a Grand
Jury composed of nineteen residents of
Alameda to bring an indictment against
a citizen of San Francisco.
Then you assume that the Judge
was either corrupt or incompetent
when he examined them in the first
place." Heney said.
The hearing will be continued this
morning at 10 o'clock, and the tech
meal attack on the five indictments
will be resumed.