The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1934-12-31
Defends
Stools on Cal. Jury
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to the matron, who relayed it on to
the prosecution.
Judge Defends Prosecutor
The court answered this evidence
of the planting of stool pigeons in
the cells of the defendants, with the
opinion that Gallagher was too sus-
picious," telling Gallagher Il
wouldn't be as suspicious as you
are"
Would you call the Rose incident
mere suspicion?" Gallagher de-
manded.
YES" Judge Lennon replied, al
though he was present when Mrs.
Rose testified that Deputy District
Attorney Buchler visited her during
the work of selecting jury, and re-
ceived gifts of ducks and higl1balls
from her. Judge Lennon refused
to listen to further testimony on
this point.
On demand of the prosecution,
two alternate jurors are to be
chosen in event any of the regular
jurors should become incapacitated.
Sixteen extra challenges have been
allowed, eight for the prosecution
and eight for the defense.
Juror Worked for General
1t was revealed that juror How
ard McIntire who had asked to be
put on the jury two days prior to
being called had worked for the
State in the Office of the Adjutant
General of the National Guard for
as years, and was member of that
National Guard for seven years.
Juror P. M. RacklifTe is d real estate
broker, and q former member of
the Chamber of Commerce. Juror
Mrs. Clara Keith has a son in the
Sacramento police department who
is also member of the American
/ Legion. :.
SACRAMENTO, Calf, Dec. 30
At the continuation today of the
judicial investigation into the can
ard spread by the prosecution Of
the receipt of red threats" against
District Attorney McAllister and a
juror, this additional attempt to
frame-up the defendants was again
exposed by Leo Gallagher, despite
the efforts of Judge Lennon to
protect prosecution witnesses.
Whenever witnesses we're corner
ed by the defense attorney, the
judge would interrupt Gallagher's
Questioning and himself ask lead
ing questions intended to afford a
cue to the witnesses and to hinder
the probing by the defense attorney.
Denies Verifying Threats
Mrs. Burns testified that she was
in the apartment of Juror Mrs. Nix
from two to three on the afternoon
the threats are alleged to have been
made. She said she could not hear
what was said when Mrs. Nix an
swered the door bell, but noticed
that each time Mrs. Nix became
more and more nervous. Although
she sat by a window, she could not
remember looking out to see who
was ringing the door bell. She de-
MED making statement verifying
the threats, as reported in the Sac
ramento Bee.
Reporter Clark of that paper tes-
tiftAA 14n i,4N nVS fhA
death threats, but strangely passed
up an opportunity for scoop. He
further testified that Mrs. Nixs
husband and three other men,
roughly dressed, were present in the
apartment at the time Questioned
again, Mrs. Burns stated that the
three men were father and broth
ers.
Mr.. Nix admitted that he was a
former member of the XII Klux
Khan, and also admitted his ineli-
gibility for juror service as he has
not lived in the state the required
length of time. Despite this fact,
he was drawn on one of the jury
panels. When Gallagher demanded
why he had accepted the jury
jury subpoena, he replied, Il don't
know" When cornered he became
very hostile and was rescued by
Judge Lennon.
Demands Use of Negro"
Nix had charged Martin, an LID.
member, with having made threats
against Mrs. Nix, and holding meet
ings with Filippinos and "niggers' in
his CMartin's) apartment. Gal
lagher demanded that Nix refer to
Negroes as Negroes, whereupon Nix
retorted II always call them mig
gers We'll, you will call them Ne
groes at this hearing Gallagher
replied.
Did you have supper with your
wife when you came home on the
night the threats were made" Gal
lagher asked.
Mind your own business" the
witness replied, but later apologized
at the direction of the court, and
replied, mo, don't think so"
Did you go to the grocery store
that night with your wife?"
NO"
your wife testified that on that
night you went with her to the
grocery store and she made Sii,,re,