The San Francisco call., 1909-01-13

After seven men had been sworn
yesterday afternoon-to decide the fate
of A S. Newburgh. at one time Abe
Ruef's police court representative.
who was indicted for his connection
with the attempted plot to buy the
vote of Juryman John Martin Kelly.
Superior Judge Frank j. Murasky sur
prised counsel for both sides by an
nouncing that the seven sworn jurors
would be placed in the custody of the
sheriff and locked up at the St. Fran
els hotel. Attorneys Ferral and Schles-
niger for Newburgh were at a loss to
explain the courts action. but District
Attorney Langdon was agreeably sur
prised, as the announcement of the
court to the jury amounted to a sane
ton of the contention of the prosecu-
tion that at any time an attempt at
jury bribing may occur.
JURYMEN ARE LOCKED UP
Judge Murasky did not mention the
Murphy case, the verdict in which
Langdon has often declared was a
plain miscarriage of Justice The jury
In that case was permitted to roam
the streets II became evident yester-
day that Judge Murasky decided upon
a different course for the Newburgh
trial. After admonishing the jurors in
the usual form. Judge Murasky said:
Gentlemen of the jury, we will take
an adjournment until tomorrow morn
ing. / am going to order that this
panel be placed in the custody of the
sheriff. That, of course. gentlemen of
the jury. is done not because there is
the slightest suspicion on the part of
anybody-counsel or the court-that
any improper influence might be
brought to bear upon you. or that you
III
sought to be brought any influence
upon you, but the purpose is to obtain
a jury that will be removed absolutely.
as it were, into itself-removed from
contact with everybody"
District Attorney Langdon remained
silent after Murasky finished his an
nouncement. but Schlesinger. taken by
surprise, jumped to his feet and wanted
to know If the jurors were to be denied
the right of communication by mail.
The court did not decide at that mo-
ment what disposition should be made
of mail addressed to jurors, but Schles-
niger went on, saying that federal
grand jurors were not denied the right
to receive and read their mail.
A8ANDONS OLD TACTICS
Schlesinger put aside, temporarily.
the tactics followed by the defense last
week of engaging in trivial cOntroyer-
sizes with the prosecution. In MS eX
animation of veniremen Schlesinger
asked the witnesses whether or not
they had been asked to take part in
the coming primary election. Contin-
ual questioning along this line finally
brought from Langdon the announce
ment that he would not be a candidate
for reelection to office. For the first
time during the day Schlesinger re-
sorted to the sarcasm that has marked
the conduct of the attorneys in the
various graft defenses. He remarked
that the people of San Francisco
would greatly deplore the loss"
Early in the afternoon, when the
jury box had been filled and the spe-
cial venire of $50 names almost ex-
hausted. three peremptory challenges
were exercised by Schlesinger and two
by the district attorney. The defense
excused Thomas Connors, Joseph Spen-
Ger and A. Schoneau- The two men ex-
cused by the prosecution were w. G.
Borrman and d. w. Hart. The exer-
else of this right leaves the defense
with seven peremptory challenges and
the prosecution with three.
AT 4 o'clock the special venire had
been exhausted and an adjournment
was taken until this morning. when
another special venire of so pames will
be returned.