The San Francisco call., 1907-06-05
Jurors Are Given in Charge
Of Elisor w. j. Biggy
Continued from Page 1, Column 4.
sfidavits fled in the Ruef case, when
Biggy was first appointed ehsor-
OPPOSE BIGGY,s APPOINTMENT

OPPOSE BIGGY'S APPOINTMENT
The defense objected desperately to
the appointment of Biggy as the eilsor'
claiming that he lis part of the prose
cutfon. believes Schmitz TO be guilty
and had so expressed himself and mas
taken into his employ persons asso-
ciated with the prosecution and mas
been associated with Special Agent
Burns"
The appointment of Biggy as the
elisor stunned Schmitz, who mas Oeeh
a close student Of the case
But in spite Of the objections OF the
Schmitz attorneys, Biggy was sworn IN
and the jury given into his hanos 70
be seouestered at the St. Francis hotel.
Judge Dunno stated after court hao
adjourned that il the attorneys are
willing he would expedite the case py
holding night sessions
when court adjourned Monday even
ing there were il jurors in the box
1rf one Of them. Frederick Boechmann,
a retired liquor dealer living at 500
Haight street, was promptly chal-
lenged by Heney yesterday. Heney
had discovered that Boechmanns son
had married q sister Of the wife OF
TREY L Ford, the general counsel OF
the United Railroads, jointly inolcteo
with Schmitz on il charges OF bribery
This son is also president Of the South
San Francisco street railway, subsi-
diary line of the local system Heney
met the opposition of Barrett and
campbell before he secured the privi-
lese Of questioning Boechmann- The
challenge was disputed by the de-
tense
Barrett objected TO the proceedings.
He contended that it was misconduct
on the part OF the prosecutor and
pre5udicial to the case of the defendant
Fairau also renewed his motion of the
day before that the defense be granted
10 peremptory challenges on the ground
that the court had erred in ruling in
favor OF the prosecution.
TWELFTH JUROR SECURED
After Boechmann had been excused
Heney took up the examination OF
Venireman Hugh Burns Of 3S5 Capp
street. who speculates in houses
Burns qualified as the eleventh juror
A recess was then taken until after
noon and the absentees OF the venire
rounded up, as well as a special venire
OF %. The new venire was not re-
Guired. however, for when court recon-
vened the first man called, who in fact
was the only representative Of the old
panel present, was chosen for service
He is Royal W. CudWorth Of 2022 Green
street, a coal dealer. with a yard at
Green and Buchanan streets Heney
had few questions TO put to Cudworth,
but Barrett was prolix in his exam
ination. Cudworth was sworn In as
being free from bias and unpreJudiceo
by any associations.
Clerk Frank McManus read the in
dictment returned by the grand jury
against Schmitz on December 10 last,
charging the mayor and Ruef with
o. q
Malfanti, Charles Kalb and William
Lafranz of Delmonico's. under threat of
Withholding, through the police COM
mission, the necessary permit for
liquor license. During the reading of
the Indictment Schmitz talked with his
counsel
At the conclusion Of the reading
Heney said that as it was $50 O'Clock
he would suggest that a recess be
taken until this morning The court
then admonished the jury and the
spectators began to leave the court.
SHERIFF Is DISQUALIFIED
The court had scarcely finished its
admonition to the jury when Johnson
entered his motion that Sheriff O'Neil
and Coroner Walsh be disqualified
and an elisor appointed in compliance
with section 1892 OF the Penal Code.
In support Of that motion said he,
we have the afiidavits of Francis ].
Heney, Louis Levy, J. J. Furey, Ed
ward Coblenz, John Lawlor, Daniel
Coleman and c. +. Oliver to show
prejudice on the part of the sheriff and
coroner"
The afidavits filed were those show
ing the-part ONeil and Walsh played
in the reception given Schmitz when he
returned to the city under Indictment
n rreff his oh
ject.- he exclaimed i object to these
proceedings taking place in the pres
ence Of the jury, and also to the mat
ter being introduced without giving us
notice and opportunity TO file an
answer" He then launched forth in
long protest
You object-but not to arguing lot
Of rot before the jury" said Johnson.
That's elegant language TO use,"
exclaimed Barrett
Elegant language to an elegant gen-
tleman," replied Johnson, sweetly.
Both Johnson and Heney contended
that Barrett had no legal right to OBJ
Ject TO the appointment of an elisor,
that IL was a matter resting solely
in the discretion Of the court and they
should not seek to enbarrass the prose
cution by arguing before the jury.
Mr.. Barrett" said Judge Dunno,
Germ you; il is none OF your business"
BARRETT GROWS SARCASTIC
L understand that is the courts
view Of the matter-this is none of our
business" retorted Barrett with sar-
castle infection.
Barrett was ordered to take his seat,
but tarried long enough to object to
everything that was being done and to
ask that the matter be laid over until
today for the fling of counter affidavits.
Johnson cOntended mat the afldavits
filed had been presented in the identical
case now on trial and added that coun-
ter afhdavits had been entered and he
presented them TO the court Dunno
read the affidavits and then named
Biggy as elisor.
Mayor Schmitz, who had been paying
close attention to the proceedings,
leaned toward Campbell and the senior
counsel arose with all his dignity ani
white waistcoat showing. "Biggy." ne
protested, is part OF the prosecution
believes this defendant guilty and has
so expressed himself He has taken
into his employ persons in the pay
OF the prosecution 1t is a matter in
which the defendant is vitaIIy interest
ed, whether or not this jury be put
in the hands OF a man who is his
enemy and who is associated with Mr.
~