The San Francisco call., 1906-11-02


oaTis Ing. your Honov, was the way
Shortridge explained tire unusual situ-
atiotl.- Th Great. Heney arose and said
Will your Honor allow me 10 say
that am not here FOR that purpose. J.
am here as Assistant District Attorney
and Tor. the people We-assert the right
10 challenge ----.
AT the close Of Shortridges argu-
menI. C2. t5cs matter Of Britt Magnin'
and Twigg being retained on the jurv;.
Heney reTllied with dramatic force
Ruef dropped the law book he was.
reading and his gaze was fixed on the
prosecutor as lie Lehenertly addressed
the court.
RUEF-S- EFFORT AT CONTROL.
What thoughts passed through the.
mind Of 3uef lin that moment before.
he regalned control Of himself can only
be. ima Eiue13. i was foretaste Of
what is 10 follow eIienev said:
Something GaS Been said about mile.
liora tres.. 1Nhen AZ Towne, who is a
member Of a corporation which is re-;
puled. 10 -5e s-e5 Cilt, was under con
Sidera1fQn Uo cha allenged him beCause-
his mamie was rot oR the roll. With
equal pr0mptftuGe we have challenged
~. -TwiEss 1v1.o owns few hundred
7Ears- We axe. taking this course. 50.
y - II an. lndictpeEt IS returned 1t
VIII l-..stau Z .flr tesT OF the law IS 1t.
t66 purp3se 81 The law that a man.
Charged with .crime should select his.
e.-h t1an nd Jury2 Is there some re3.
son ltlJ they want Britt that this.
argEgeut so Insisted on AT tnis time;
when we heard nothing Of il in eon7
uecuiosl. zyitl. the challenge Of Mr.
Towhee kiJher they want packed
Grand L.lr1. aor they N-ant 10 inject an
error. tntQ .tile* proceed. .nEs
sgpnose1 we nere discussing the
legal -si.ie tnt erruptel Shortridge.~ =.
81 AIN. replied TEeney. and what
the HeOpte want is an absolutely legal
(7-ss lr5 T ltr;s-t'. 3, =.
ShQrtr FL ge had instanced cases from
Jra.f TO- "a rlzanSas TO sustain lis mas
ter's .-coaTention that the assessment
roll. the .IaStv in January is the one
bT which the. Qualifications Of the jury
snail he decided. on this point de-
pends the retaining pf Britt. The 9TH.
er points tsrged IS #tbat ownership OF
stock is D. corporation which is taxed
should ..opaItfy~a- juror" On this de-
uensls-- the .-retertion OF Magnin, who
.Eict- 81 politics. and Of Twigg. for.
whom tlI-e defense does not appear to
be oTeranXi0Iis TO retain, bat 70 be
wilEng to sal2e hin with Magnin.
NO BINDING FORCE ~ THIS STATE.
sHeney replied that decisions In the.
reports or other States had no binding
force on this. court.
I'm This nnatter YOU VIII realize.
IL the Judge; that neither side has.
right 10 assume partisanship,
ght. now. ] would be inclined to fol-.
tow ne decision in the case Of Rayhil
rs. tie Market Street Railroad. But.
j -ouId like further time to consider.
the matter
The case referred TO was one cited.
by Heney IS the last decision binding
on a California court.
AS the court was at the point Of
aCiourning, Twigg arose and asked: -
ssEIas al man. in. ny position any
rights as p citizen?
No objection. being raised by either
side. Twigg went on to say:
in view Of the fact that some jurors
llave been challenged. while it may
be right for both sides, / believe a man
IS citizen under these extraordinary
conditions should have a right to place
himself straight before the public. I
want TO say to@this court that I have
1een a citizen here for thirty years and
that.I have tried to be 2 go0d citizen.
There is no act OF mine that I am
ashamed Of And while there are some
men that have shown a desire to get
on this Jury@and J. am not here to
shirk duty-n / am selected It viii
be great loss to my business. ] don't
want il said that am a partisan. /
never took the trouble TO see what
Judge, put my name on the venire.
7 want 70 be put right and I want
20 say that Lam not partisan.
BRITT EXPLAINS HIS POSITION.
Twigg was followed by Britt, who
said.
eAu the remarks made by my friend
AIr TTgigg. especially what he has
aid aboutsnon partisan ansllip. I want to
, oncVr ia. i have no desire to take the
y art Of any one
The court then adjourned till today
ST 2 o'clock. but Shortridge protested
that he. would be very busy in Judge
SeawelTs court ..s
we object to any -postponement of
these proceedings, and. we. deny the
right of Mr.. Shortridge, who has been
aliowed 70 appear as friend of the
court 10 ask for II, was Heney's re-
fofnder-- .
we think we have some rights
here" said Shortridge.
Your rights are fully guarded by
t-o statutes..' replied Heney.5
The 5udgc ;announced that he would
--rr 20 Efe- Tpffcsof1. 20 r1rOpaed Et-ff n