The San Francisco call., 1909-03-27
ATTACK UPON IENEY
DISQUALIFIES JUROR
Testimony Shows Talesman
Said Graft Prosecutor Got
What He Deserved
Attorneys for Newburgh Make
Strenuous Efforts to Retain
Real Estate Dealer

The attorneys for Adolph S New
burgh, who is being tried on charge
of attempting to bribe a talesman in
the last Ruef case. made strenuous eff
forts yesterday to retain on the jury
a man who was charged with express
ing the opinion that Heney got no
more than he deserved when he was
shot. and that every member of the
district attorneys staff ought to get
similar treatment. charles p New
man, one of the first jurors sworn. a
real estate dealer at 1854 San Bruno
avenue, was the man accused Of having
made these statements. He was also
alleged to have told DR.. A. A. Cavag-
naro. physician and former member
of the Legislature, that there would
be 500 in 1t for him If he would in
duce the daughters of Peter Palassou,
an old dairyman awaiting trial on a
charge of numbering his wife, to tes-
tify that Mrs. Palassou was a continual
drinker.
Having introduced DR.. Cavagnaro's
testimony to this effect. District At
torney Langdon asked that Newman
be excused.
DEFENSE DENIES CHALLENGE
I'VE deny the challenge" shouted
Attorney Bert Schlesinger, and pro-
ceeded to do all he could to make DR.
Cavagnaro look cheap. Now, DR.. Cav
agnaro of Keokuk, Ia" the lawyer
began sneeringly, when Prosecutor
Hanley objected to the insult and Judge
Conley warned Schlesinger not to ques-
ton the witness In that way.
Since when did you get religion?'
Schlesinger asked. This also he was
compelled to withdraw on Langdon's
objection.
Forgetting that it was Judge Conley
who sentenced j. Dalzell Brown, the
confessed wrecker of the California
safe deposit and trust company to 18
months Imprisonment, Schlesinger
asked the witness:
Did not Newman criticise the dis
trict attorney because only nominal
penalty was inflicted on certain bank
wrecker?"
INSULT OFFERED COURT
eThat question is calculated to insult
the presiding officer of this court and
we object to it, said Langdon.
'oh, / know how the presiding officer
of this court came to 1ntf1et that PEN
atty" Schlesinger retorted
Hanley invited him to explain, but
Judge Conley shut off additional refer
ence to this question.
After further cross examination of
Cavagnaro, Newman, the juror under
fire, who had been fidgeting uneasily all
the time, asked leave TO make an ex-
PLANTATION. He said that as Palassou
had s25 900 worth of real estate his ac-
quittaI would mean that his daughters
would have some money left to them
when he died and he wanted Cavagn
to explain this to the girls. NO bribe
was thought off, he said.
JUDGE ALLOWS CHALLENGE
Newman did not deny the charge that
he had said all the members of the dis
trict attorneys office deserved the same
as Heney got.
In allowing the challenge Judge Con
ley said it would not be just to the peo-
pie, to the defendant or the juror to
keep Newman on the jury after what
had transpired. The Judge said he
wished to cast no reflection on New
man, but desired to relieve him from an
embarra ssing position.
SchIesinger asked that the other
eight jurors in the box be discharged
because they had heard the proceedings
in regard to Newman. but the request
was disallowed.
No additional jurors we're sworn yes
terday as the result of the days ex-
animation of taIesmen. Two were
passed for cause. There are now eight
sworn jurors in the box. A venire of
so was ordered for Monday morning.
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