The San Francisco call., 1908-08-22
PRISON RULE USED
TO AID TREADWELL
Assistant District Attorney De-
clares Dalzell Brown Was
Compelled to See Lawyers

The iron bound discipline beneath
which San Quentins prison clad felons
must walk was used to force Convict
j. Dalzell Brown. witness for the prose-
cution in the Treadwell case. into con-
ference with Attorneys Byington and
Dozier of the defense. Assistant Dis
trict Attorney w. Hof Cook made this
charge yesterday. Brown says that he
was taken from the jute mill. unwilling
and protesting, on the day of the Stem
sen-Dabner hanging. to meet the two
lawyers, the former of whom is a
brother in law of Tirey L. Ford, mem
ber of the prison board.
Atmosphere surcharged became again
normal at Judge Conley's order for
quiet while the assistant district at
torney was on his feet to make the
accusation during the examination of
Joseph Michael. a prospective juryman.
Attorney DoZier had taken occasion to
refer at length to the fact that Brown
came from San Quentin to the county
jail a the trials beginning. He intt-
mated that favor was being shown the
convict because of his connection with
the prosecution.
Il might show other things in con-
nection with his case that have hap
pened in San Quentin, with which the
defense has had to do" said Cook
Dozier challenged him to do It, The
assistant district attorney was on his
feet at once, but the court ordered that
the examination proceed.
Mr.. Byington and myself went to
San Quentin to confer with Brown, as
we had right to do" said Dozier later
in explanation.
BROWN JEERED IN YARD
Cook said: The day of the Stem
sen-Dabner hanging. Brown states, he
fOllaUaA a ha ~ hx-
number of visitors. who jeered him.
He did not say who these were. Later
that day. when he was at work in the
jute mill, a trusty came and told him
there We're two visitors to see him.
Brown, fearing another ordeal like that
in the yard. said he did not wish to see
the visitors. The trusty went away
He returned with an order command
ing Brown to go and see the callers.
OF course Brown had to go. He found
Byington and Dozier. What they asked
him was of no great moment But the
fact that he, a convict, was forced. un-
willingly, to see them is of decided i'm
portance"
Rigid of necessity. prison discipline
demands implicit obedience from a con-
Wet Brown, in stripes. left the San
Quentin jute mill to see the attorney
defending Treadwell because he had
to, else run chance of going on trial
befort the prison board of which Tirey
l.. Ford. Byingtons brother in law. Is
member 1t rests in the power of the
board to deprive a convict of his good
time credits,
ONE JURYMAN PASSED
The progress of jury selection was in
fnitesimal yesterday. Joseph Michael
Of 102 Sutter street. a retired merchant
who formerly kept a store in Shasta
county. was passed. subject 10 peremp-
tory challenge. That was ALL
In the examination of F. S. Smith, a
grocer of SO Haight street, it devel-
oped that j. w. Boatman, another
talesnlan. his brother in law, had sent
the summons TO him by Mrs Boatman
Deputy Sheriff Young of Judge Mu-
rasky's court had subpenaed Smith
The return of the papers showed per-
sonal service in this case. Boatman, on
the stand later in the day, said the
officer asked him whether he did not
know some one who would be eligible
for jury service. When Boatman men
toned Smith. Young asked him TO per-
form the service of summons for him
The assistant district attorney fnti-
mated that this practice had grown
somewhat common
Another venire of % was ordered bv
the court. returnahle Monday morning