The San Francisco call., 1907-06-09
.C0NGREssMEN RETURN
FROM TRIP TO HAWAII
Transport Sherman Arrives
With Party of the
Nations Solons

I The transport Sherman, which ar
rived in port yesterday. brought back
the congressional party. headed by
Senator s. H. Piles, which spent the
last five weeks in touring the Ha-
waiian islands. The congressman went
to Hawaii as the guests of the Ha-
waiian legislature. which appropriated
$4,000 for the purpose OF giving lead
ing members of congress some first
hand information about the prosperity,
the necessities and the future of Uncle
Sans mid Pacific territorial posses
sions. The result was the most COM
plete and thorough tour of inspection
of the islands ever made by an official
party from the states. The party in
cluded members of the several con-
gressional committees most concerned
with the territory and its government.
The committees on territories, ways
and means, naval affairs. rivers and
harbors. military affairs and interstate
commerce were represented.
The members of the party say that
observation-disclosures e->~~~~~>~~~-~~~~~~-~
through him concerning the drawing of
the grand jury preceding the present
one, which the defense claims resulted
In the illegal returning of IL names te
the grand jury box. A long argument
as to the admission of Mulcrevy's tes-
timony followed, the prosecution con-
tending that nothing but the court rec
ord itself should be admissible as evil
dence, and the defense asserting that
it had the right to question Mulcrevy
because the court records were de-
stroyed in the conf1agration. Even this,
the prosecution claimed, would not es-
tablish the basis for the admission of
Mulcrevy's testimony, which would be
merely that of witness to the action.
A restoration of the record itself must
precede any such endeavon, 1t was
argued.
ruptions from members of his own and
the opposing counsel, Moore succeeded
in explaining the stand taken by the
defense concerning the Qualification
matter, especially with reference to
Grand Juror James E. Gordon. His ex-
planation solved several of the difficult
ties and brought the matter within
range of a possible stipulation concern
Ing the great mass of a1Iegations.
This result caused Judge Lawlor to
declare that the ''unpreparedness and
academic arguments of counsel" tended
to waste the time of the court and he
suggested that better preparation for
argument be made before Tuesday,
when. he announced, the cases would
be resumed.
Moore explained his contention that
Gordon was disqualified as being based
on the drawing of the present grand
jury. When the preceding jury was
drawn on April 8, 1906, 80 names were
selected. and from these 10 were chosen
to act as grand Jurymen. Moore claims
that the other IL, including Gordon.
were dismissed by Judge Graham, but
that after the fire. in making up the
new grand jury list, County Clerk Null
crevy placed their names in the box
with the original III. Gordon was
drawn a second time and selected as q
grand juryman. Moore contends that
his name should never have been re-
turned to the box. This is the question
which will be argued Tuesday.
Assistant District Attorney Heney
announced before the closing of court
that his contention would be that Judge
Graham's order concerning the placing
of the names In the box when the
present jury was drawn in October
forec1osed any opening for an attack.
and constituted q court Judgment which
could not be overruled by another de-
partment of the superior court.