The San Francisco call., 1907-06-01

NtEAA4e DOHuldt subj Ilt a NOASAtt
OF Mine" which is played by all the
Photographs in Fillmore street. Bray
Is connected in some way with Mayor
Schmitz.
MAYOR TO THE RESCUE
Bray was unable to throw any light
on the vague kinship. The first he
had heard OF the connection with the
50 times indicted mayor was when he
had read OF il in the paper. 1t might
be through my Wife said Bray. Il
married her in Watsonville IS years
? go after she had come from the old
country The Sheehans and Murphys
might be related; I know nothing Of
The Driscolls" The latter is the name
o. the family Of The mayors wife.
Campbell tried to assist Heney in es-
tsblishing the degree. saying that he
had. conferred with Mrs Schmitz on the
matter Mayor Schmitz volunteered
an explanation and his help was eager
~ greeted by every one The rela-
tionship & this." said he, "as l can
trace It dsa>@and / don't want to see
any relatien Sit on my jury: This gen.
tleInan's wife is related by fourth
cousinship TO the gentleman who mar
ried my Wifes sister,
Those in the courtroom failed to
comprehend with exactness the bonds
connecting the man on trial and the
man in the box, but all saw that the
situation was full Of possibilities which
twentY-eighth degree. Heney quoted
The law on affinity and consanguinity,
the code provisions stating, he said,
that those OF the fourth degree were
barred. He asked that Bray be ex-
cused from the jury, and Judge Dunno
granted the request on the ground that
the existence Of any relationship. no
matter how remote, was an excuse.
That incident was simply one Of the
pieasantries of a day which was Varie-
gated with tension and relaxation.
The Barrett and Fairall troubles and
the consideration Of the 'pernicious
activity" of Chief of Police Dinan, to
use District Attorney Langdon's words,
were the heavier and more serious fea-
lures OF the day. The Barrett affair
was one OF the results of the state
ment which Heney had published in
the morning papers OF yesterday. Rich
I'd Curtis. the seventh man to be
called. was undergoing examination.
Heney asked the aged man If he had
read the papers. Yes" he replied, II
believe it was your own letter 1 read
this morning. tt changed my mind
about the committees OF law and or
der" When il came Barrett's turn
TO cross question he said;
suppose every day there should be
published a statement by Burns or
lIeney, or a speech by Langdon, would
you be guided by that?"
No. not at all; I'd get used to them"
the old man retorted.
You know all the newspapers in this
city are combined to force a conviction
Of this defendant Mr.. Heney is trying
to do so with statements tending to in
timidate the talesmen. Would you be
misled by statements in the papers,?
DO you refer to the confession of
chef Dinsn published in the papers?"
asked Heney sarcsstically.
Barrett bristled- L refer TO your
studied policy of seeking TO intimidate
the jurymen," he cried. his face redden-
ing with sngSr and excitement
Heney was on his feet facing Barrett
and at equal temperature.
BARRETT TAKES EXCEPTIONS
ae would have replied. but Judge
Dunno had half risen in his chair be-
fore the walnut and gold altar of the
temple and was silencing Barrett. Il
want you to take your seat, Mr.. Bar
rett." he ordered.
Barrett did not relish the rebuke.
but his associate, Campbell, eased him
u AS chair.
Mr.. Campbell. ] want you to try
this case; you are the only attorney
Il wish to enter an objection to the
remarks Of the court directing how
this examination shall be conducted
And ] ask that Mr. Heney be instructed
not to interrupt me-" retorted Barrett.
Campbell was on his feet trying TO
restore order. Fairall, still seated,
said: I certainly except to the remarks
case You can't control the actions Of
this defense Every defendant has
certain rights in court and we insist
upon those rights"
Campbell turned to Barrett and Fair
all and tried 10 quiet them. You have
made your objections, Mr.. Fairall, that
Is sufficient. Your honor" he contin-
ued turning to the court. Il want to
try this case without trouble. When
IT, We We're simply replying to Mr..
Heney."
~Mr Heney does make more speeches
than he ought to, but his remarks were
invited by Mr. Barrett AS for the
question of the chief of police, that
VIII be an issue today when the jury
is excused"
ing. 4 object to the methods Of the
court" said the Stockton lawyer" you
say that a certain attorney cannot con-
duct the examination"
Barrett joined in the chorus: 81 wish
personally TO take exception to the
court touching on the investigation to
be made by the court at noon and an
exception to the ruling that Mr.. Heney
be not instructed to interrupt me, and
that I be not allowed TO speak, and to
all the rulings Of the court 1 take ex-
ception."
Campbell tried TO admonish his col
leagues, but they had stampeded off the
reservation. The "hostiles" put their
heads together and considered the field
That is no way to do business" Fair
al was heard to say in an undertone
Of contempt.
Judge Dunno indicated to Campbell
that he wished the examination of
Curtis TO proceed, but the mutiny in
terfered.
I am instructed by my client to con-
tinue the examination" said Barrett
Mr.. Campbell, continue" said Dunno
I'm instructed by my counsel not
10 continue" replied Campbell resign
edIy. For a minute IL looked as IL
the case had come to a standstill, but
Campbell managed 10 signify that the
defense had no more questions to ask
just then and Heney continued with
the questioning for the people But
Campbell soon had the defense on its
better behavior and after a few more