Year: 1869

you, with me, win second him. Much OF this bold
ness In crime Is due, fear, TO careessness OF the
business community Merchants ana brokers lock
up thousands or collars wOTth-n one case num-
dreds OF thousands OF dollars OF Donds-in insecure
safes. In Insecure places, or entrust them 70 tne
upon counters Householders admit servants on
light recommendations who steal. Men expose
themselves to violence and marauding late ~ nignt
or early in the morning, or are Negligent oil tnclr
safety Thus they often positively Invite criminal
attack. 1t Is undeniably true that our police force
is inadequate In numbers. The beats are not In
straight lines but In sections covering corners and
blocks. Cur metropolitan district system u con-
Quoted on the Oid-iashioned municipal basis. we
have not Initiated any police improvements In M
teen years. To increase the force u to anger the
Taxpayers TO try and Improve 1t s TO provoke poitl-


little pocs eTincpa,ies s each T jealous OF tn the other
and none 0f them having confidence In their sove-
reign head. Besides, the police OF ths city are not


dence. Our police make arrests and leave It
to magistrates and clerks and the Grand jury
why there Is SO much discrepancy between the mum.
Der OF arrests and convictions II IL easy TO arrest


but 1t Is difficult to convict without be arrest -
followed up by The procurement OF evidence The
police, IN my experience, give small attention TO
ferreting out the necessary testimony IL often hap
pens here that there acquttas for want OF police
young blood, vigorous, cool and diplomatic counsel,
and readiness 10 accept OF aid and cooperation
dogged devotion to old formulas and worn out
traditions. am panied at every term to witness
the GROSS l0atCeullOn WHICH cltlLeus O WedlLn anu
influence pay to jury duty. can excuse or In part
extenuate, their unwlllngness to sit upon civil
jures but not upon those OF this court or the Court
OF Oyer ana Ternner. am sometimes ashamed OF
the shifts to which men Of character, influence and
means resort for the purpose OF escaping jury duty
here. And yet these are the men who al CLUBS, on
'Change, and often III newspapers in COM
mnnications OF growing Character signed
''Old Citizen" &C., denounce the inenlciency
OF criminal courts. At this term OF the court,


indeed, one hundred and fifty citizens, liable
to 90 jury duty, or upon the petit jury list,
nave been legally summoned, and our OF tliat large
number but twenty-Lhree nave presented themselves,
and the major portion OF those have offered such ex


cuses under oatn justly have entitled them to ex


emptlon. An additional panel has been ordered for
tomorrow Of further 100 jurors, causing extra0r
dinary expense and delay In the prosecution OF the
business Of the court and out oi those to be sum-
mOned venture the prediction that only about thirty
viii attend. duty so sacred, or paramount I'm
portance to the best interests Of the community,
interest as citizens and taxpayers should lead them
earnestly ana willingly to the devotion OF q small
portion OF the year TO the performance OF mighty
honorable and most important duty, tending direct
ly not only TO their own security OF life, limb and
property, but also to that OF the community at large
In this connection, gentlemen, may be permitted
to state that my professional fortunes
In California and in the eight years OF residence
therein was twice an observer Of popular RISING
eliminating IN an organization styled o a.vgilance
committee." The acts and doings OF that body
have become historical and need but to
traceaDe the fact that the then residents OF san
Francisco, those OF intelligence. wealth, merchants
and Others were SO intent ia the pursuit Of wealth
ana realizing 80 largely riat they begrudged and
would not give the smallest portion of their time to
the discharge OF jury duty; and under the laws Of
California, where the regular panel was exhausted.
the Sherif was compelled 10 summon from the by
sianders talesmen 10 make up the necessary num-
ber. Associates OF the villains about to undergo
trial were always at hand, who under oath would
assert their competence as jurors and the result OF
the tkial would either be q disagreement or an
acquittal. Such state of things constantly occur


ring and loosing upon that community the vilest of
oil scoundrels murderers and the like, had It's un-
fortunate and ndeiensibie irullon IN the formation
OF q vigilance committee.n An instance occurs to
me of then leading san Francisco merchant who
sat as juror upon the trial OF Cora for the killing
OF the United States Marshal, richardson, and who
was unable upon the evidence to pronounce the
accused guilty. Immediately after the second
vigilance committee had its origin tins merchant
became Q member OF the c0mlnitte Of thirty, one
VINO controlled It's action. and as Q member OF
that committee he voted Cora guilty OF the crime OF
murder and agreed TO the death penalty. Yet this
citizen, who on q legal jury disagreed ana on e-
gal jury agreed came to me but few days there.
after to importune me 70 exercise my supposed in
fiuence with judge TO procure his exemption from
jury duty upon the ground that by serving his pri
vate interests would be prejudiced. Our community
the recent bodness in crime Ii that robberies bur-
glares and theits are so easily invented TO cover up
defacations breaches OF trust or ndeicate loss OF
property. inclined to believe that some OF the
recent startling occurrences are Of this character
believe we have now State Executive who, while
the pardoning power, Will not allow himself
TO be humbugged into giving immunity 70 criminals
Dy raciie forgiveness. Tns last Grand Jury at a. "a,
Legislature a request that It would add pistols to
the LIST OF weapons forbidden to be carried. do
not concur with the recommendation. Indeed,
know that the able Senate committee which re-
ported the Concealed weapons bill expressly
omitted pistols. The police and shcr1ns could carry
them. Tue dangerous classes would carry them IN
disregard OF the law. Good citizens would obey the
law aud be defenceess. Ruifians would take adj
vantage Of this But l think Q law raising a pre-
sumption that whoever injured another by pistol
should have intended the injury in It's worst sense,
until the presumption was combated by circum-
stances or justifying evidence, would be excel
lent one. The rufnan would ind the presumption
OF ms carrying II impossible 10 combat, while cir
cuInstances would protect the good citizen.