The San Francisco call., 1909-01-06
EXAMINED
IN N[WbURGH TRIAL
John Brown, Pioneer Resident,
One Venireman Passed on
First Day of Examination
Attorneys on Both Sides Have
Many Sharp Tits During
the Day

The examination of veniremen in the
trial of A. S. Newburgh, the former
Ruef attorney indicted in conjunction
with Frank Murphy and E. A. s. Blake
for an attempt to bribe John Martin
Kelly, prospective juror in the Ruef
case, was begun yesterday afternoon
in Judge Murasky's court. At the close
Of the days session John Brown, 2018
Mission street, a pioneer resident of
this city. who arrived here in 1859, was
passed by both sides subject to per-
emptory challenge Four jurors were
examined, two of whom were dis
missed P. Lyons of 1927 Bush street
was under examination when adjourn
ment was taken.
District Attorney William H. Lang
don, assisted by William Hoff Cook
will conduct the case for the prosecu-
tion and every preeaution will be OBJ
served in order to prevent miscar-
riage of justice such, as Langdon has
declared upon different occasions. oc-
Cured when Murphy was acquitted.
Blake was sentenced to four years in
San Quentin last week by Judge Dunno
for the crime for which Newburgh will
be tried and of which Murphy was ac-
quilted.
NEWBURGH NERVOUS
From the start yesterday feeling
between the district attorney and At
torneys Bert Schlesinger and Robert
Ferral for the defense developed.
Schlesinger appeared jaunty, as he did
in the Murphy case, and he and Ferral
indulged in many little byplays, affect
ed Tor the most part. Newburgh dis
played great nervousness and was pal
lid, exhibiting marked change from
his former ruddy complexion.
John Brown, the aged man who was
passed by both sides, proved an in
teresting witness. At times he quoted
long excerpts from the speech of De-
mosthenes and dramatically announced
when questioned by LangdOn that Il
am for the people all the time because
l love them" Brown refused to per-
nit Schlesinger and Ferral to poke fun
at him, and during the lengthy exami-
nation the defense attorneys were often
outwitted by the pioneer. During the
examination Schlesinger arose to make
objection and was requested by the
court to take his seat. Brown, in con-
cluding his examination, declared that
he would believe Blake's story and
weigh it as he would any other wit
ness story. In reply to a question
asked by Schlesinger, Brown declared
that IL different men from those who
tried Murphy would, he hoped, sit in
Newburgh's trial.
CLERGY OUT OF SPHERE
Schlesinger placed himself in a Pc
culiar light before the court and spec
tators when, in his usual boisterous
fashion, he announced that If any man
of the cloth, clergyman or rabbi, would
visit courtroom and confer with the
defendant on trial with a view to i'm
pressing the jurors, that clergyman
was entirely out of his sphere and not
the proper person to preach the gos-
pei" 1t was notorious fact that in the
final hours of the Murphy trial a cler-
gyman sat by Murphy and Schlesinger
and comforted the former in the pres
ence of the jury.
During the morning session bench
warrants for seven veniremen who
failed to respond to summonses were is
sued and bail fixed at $25. The men
who did not appear in court are Geln
M. Nelson, Sal Hayes street; E. j.
O'Rourke, 1893 Valencia street; Lars
Larsen, 419 Thirtieth street; S. Davis.
1927 Market street; c. Mau els, 696
Hayes street; A. Crozier, I49 Pine
street, and NJ. Bergman, 975 McAllister
street.