Los Angeles herald. [microfilm reel], March 20, 1909, Image 1

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

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1 O part one
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VOL. XXXVI.
NCMBEIi 16».
REVISIONISTS
ARE OPPOSED
TO ANALYSIS
TECHNIQUE OF TARIFF CARE
FULLY SIDESTEPPED
LIKE DINGLEY BILL, PAYNE'S
WILL BE RUSHED
Academic Discussion Not Desired by
Framers of New Schedule.
Many Amendments In
Reserve
[By Associated Press.]
WASHINGTON, March 19.—Th*w
Is a general disposition among
the house members to eliminate
as far as possible any academic discus
sion of the tariff.
Members on both sides are desirous
of having as little general debate as
possible and as much time as practica
ble for consideration of the bill under
the nve-minute rule forthwith.
When the Dingley bill was before
congress less than a week wbs devoted
in the house to discussion of the bill
under the flve-mlnute rule; and while
it is likely that a rule will be brought
in to limit the time for considering
amendments, it Is believed sufficient
time will be allowed for consideration
of the whole bill under the nve-minute
rule.
Members of both sides are lining up
and preparing to submit amendments
in which their constituents are inter
ested. The mum contention will be
over the cut in the lumber duty.
It is understood the southern repre
sentatives are almost unanimous In re
taining the present duty of $2 per 1000
feet. They will have the support of
marly members from the northwest and
the Pacific coast states.
Hides and leather manufactures also
will be the subject of considerable de
bate. The Democrats will fight to have
shoes and other products of leather re
duced at least 5 or 10 per cent more
and have hidos retained on the free list.
On boots and shoes, according to the
new tariff, will be levied a duty of 15
per cent ad valorem.
Wants Hides Free
While this is a reduction of 10 per
cent ad valorem, it is contended by
those who favor further reductions
that the shoe men have admitted they
could stand a reduction of 5 to 10 per
cent more if hides were admitted free.
Western representatives will make
an earnest effort to have a duty of 15
per cent again placed on hides.
The Louisiana delegation met today
to consider the effect the free trade
provision for the Philippines will have
on the rice industry. They will en
deavor to have the minority report fa
vor a small duty on rice imported from
the Philippines, or the quantity entitled
to free duty entry restricted, as has
been done with sugar and tobacco.
In explanation of the retention of the
countervailing duty clause on petrole
um, it Is claimed Mexico has developed
large oil fields, and that the provision
limiting the free entry of oil to coun
tries which do not impose a tax on tho
Importation of American oil was made
to prevent the importation of Mexican
oil free of duty if that country should
impose a tax on oil from the United
States.
There has been very little criticism of
the metal schedule, but it is claimed
that duty on wrought and cast scrap
Iron should be equal to that on pig
iron, as provided in the Dingley law.
In the Payne bill scrap iron is covered
by a duty of 50 cents a ton, while the
fluty on pig iron is $2.50 per ton.
A member of the house today de
clnred the effect of the metal schedule
would be to reduce the importation of
pig Iron to practically nothing, while
all the scrap iron that could be secured
in foreign countries would be brought
into this country.
ANOTHER WESTERN SENATOR
HONORED BY REPUBLICANS
WASHINGTON. March 19.—1n com
pleting the senate committees the
committee on committees decided on
an additional concession to the west
ern senators by enlarging the Repub
lican representation on the committee
by naming Senator McCumber of
North Dakota as a member. The com
mittee will consist of nine Republicans
and five Democrats.
Five of the Republicans are from the
west. Three of those are from states
west of the Missouri river and two
from the middle west. ,
Senator Nixon of Nevada takes the
place on the committee on Interstate
commerce made vacant by the retire
ment of Mr. Foraker, and Senator
Dixon of Montana becomes chairman
of the new committee on conservation
of natural resources.
Senator Burton of Ohio •will succeed
Senator Hopkins as a member of the
commitfee on commerce.
Senator Depew becomes chairman of
the committee on Pacific islands and
Porto Rico in place of Mr. Foraker.
Senators Piles of Washington and
Warner are given places on the ju
diciary committee.
SANTA BARBARANS EXTEND
WELCOME TO AMBASSADOR
Hon. Jamej Bryce Guert Half Day of
Watering Place —Addresses
Students ,
[Special to The Herald.]
SANTA BARBARA, March 19.—Am
bassador James Bryce of England was
welcomed to this city by a committee
of prominent men and others when he
arrived in his private car at noon.
He addressed the students of the
high school In the afternoon and then,
accompanied by Prof. H. A. Adrian and
Principal Williams, toured the city In
an automobile. ,
Mr. Bryce praised the beauty of San
ta Barbara antl urged the students to
Btudy nature at first hand and also the
writings of the great poetj.
Ambassador Bryce left for Dol Monte
tonight, to stop en route fit Paso Ro
bles for a few hours.
To Amend Constitution
WASHINGTON, March 19.—Believ
ing the constitution of the United
Status should begin with thfe words,
"In the name of God," Representative
Shepard of Texas has introduced a
resolution providing for an amendment
to that effect.
LOS ANGELES HERALD
AMERICAN GIRL
TO WED PRUSSIAN
COUNT NEXT MAY
0< ::^' iSi^k
<■,■;■- - ■ jgywff |w| . *
I ■ '<3^ :' j'^:»
PARISIANS EAGERLY
WAIT FOR WEDDING
Society Folk Believe Daughter of
American Ambassador and Prus
sian Count Are Really
in Love
PARIS, March 19.—Parisian society
folk are busily gossiping over the next
big social event here, which is to bo
the wedding of Miss Muriel White,
daughter of the American ambassa
dor, to Count Hermann Scherr Thoss
of the Prussian province of Silesia.
Mias White is one of the most pop
ular American girls who has visited
Paris, and as her attachment for the
Prussian count is the result of a most
romantic meeting, it is predicted she
will prove an exception to the rule of
Intermarriage, as applied to American
girls and foreign noblemen.
The count possesses vast estates,
two castles and a splendid house in
Berlin.
The couple met at the ball given by
the kaiser last Christmas, and it was
a case of love at first sight.
The wedding probably -will take
place In May. •
THE NEWS SUMMARY
FORECAST
For Los Angeles and vicinity:
Cloudy Saturday, probably showers;
brisk south winds. Maximum temper,
ature yesterday, 60 degrees; mini,
mum, 48 degrees.
LOCAL
Grand Jury o&sembleJ yesterday and within
five hours Indicts prominent city official.
Carlson's witnesses are not satisfactory be
cause""thelr testimony does not support position
held by banker.
Judge Hutton considers himself disqualified
to try case against board of supervisors In
school bond matter because he owns some of
the bonds.
Big meeting to be arranged for tonight In
order to explain the legal aspects! of the recall
campaign.
Two masked men hold up and rob pedestri
an on east side of small amount of money.
Department heads of Broadway store are
■iin.il by tin' assistant manager at Levy's.
House on the east side la robbed by burglars
while family is present; $800 worth of loot is
secured.
Boy who allied In sparing; birds Is elected
honorary member of Audubon society.
Officers obliged to use club to effect arrest
of man who Is alleged to have beaten his wife.
Madam Modjeska's condition said still to be
critical, and death is expected any hour.
COAST
Clarence Mackay to donate 1250,000 to Uni
versity of Nevada.
Wife of one of founders of Redondo asks
for decree of divorce in San Francisco.
Italian who assaulted girl In San Rafael
found guilty; closes ears to verdict and nearly
limits In court.
Police of Ottumwa, lowa, say Mrs. Duden,
alleged slayer on trial at San Diego, has bad
record for veracity, but citizens of southern
city defend her character.
Two cases of smallpox discovered at Bakers
field.
Schooner sinks off Petaluma.
Arizona leßislaturo adjourns sine die.
Farmers' unions of west plan to co-operate
and eliminate middlemen.
President of Teamsters' union, now at Spo
kane, says he plans to extend organization to
entire western section.
LEGISLATURE
Trickery and ba dfalth charged by two Re
publican factions In state senate.
Direct primary bill again postponed after
stormy session of senate.
Assembly haa spirited debates over several
measures which long have been pending there.
EASTERN
President Taft visits Yale university, ad
dresses stuiU'iitH, sits with corporation board,
Roes on to New York and is tendered hilarious
banquet at Waldorf-Astoria by graduates.
Traffic Manager J. C Stubbs of Harrtman
Hues Is witness in dissolution suit at Chicago.
Big fire occurs In New Tork near Singer
building.
Many i>ersons are rescued in thrilling manner
by firemen during big tenement blaze In New
Ycrk.
Jury finds Sharpe not guilty, but yet is dis
agreed as to guilt or innocence of Col. Cooper
and con, accused of slaying former Senator
Carmaek at Nqphvillo.
FOREIGN
Uprising of mutineers in Cuba checked and
insurgents surrender.
Bngllahman found dead In cabin In Canada
and companion Insane.
SATURDAY MORNING, MARCH 20, 1909.
LEGAL ASPECTS
OF RECALL EIGHT
TO BE EXPLAINED
BIG MEETING IS ARRANGED
FOR TONIGHT
ALEXANBER FORCES CONDUCT
VIGOROUS CAMPAIGN
Attempts Being Made to Thwart Will
of People and Prevent Election^
Will Be Discussed by
Speakers
THK legal aspects of the recall as
they stand today and the progress
made In the campaign will be de
tailed by able speakers at the big
meeting tonight at Blanchard hall, 233
South Broadway, which will be held
under the auspices of the recall cam
paign committee. Webster Davis.
Marshall Stimson, Frank G. Finlay
son George Alexander and other prom
inent speakers will take up various
phases of the campaign and answer
arguments made against the holding
of the election March 26 to choose a
mayor.
Interest in the success of the recall
indicates a crowded hall, especially as
citizens are anxious to hoar the legal
side of the effort of the machine to
prevent the Issue being submitted to
the people by an election. The speak
ers tonight will pay special attention
to this feature of the campaign, ex
plaining the legal complications that
were introduced yesterday. Frank Or.
Finlayson will preside.
No other meeting will be held to
night, but Guy S. Garner, B. P. Welch
and George Alexander will speak to
morrow night at El Belen club, 618
New High street, at 8 o'clock. The
meeting was arranged by a committee
consisting of Dana W. Bartlett, R. J.
Arata and O. C. Lalsure. Although
there are but four days next week
prior to the election, eight meetings
have already been arranged and oth
ers will be scheduled.
Alexander Doesn't Dodge
Mr. Alexander spoke at two meetings
last night. At 2517 Pasadena avenue
the other speaker was Frank S.
Forbes, and Thomas Lee Woolwlne
and George W. Hawkins spoke at Cen
tral hall, 1524 Central avenue. Mr.
Alexander did not dodge any of the
new Issues presented yesterday in the
campaign, and he handled the fact that
the Republican machine has issued or
ders to vote for the Socialist candidate,
as he has expressed himself, "In the
good old fashion of galling a spade a
spade."
"I have nothing of a personal na
ture against Mr. Wheeler." said Mr.
Alexander last night. "The official
ballot Is out and his name and mine
are the only ones on tt. I am not going
to get personal—let the opponents of
the recall call names and throw mud.
They are willing enough to do It, and
I the;* seem to have little other argu
ment to present.
"There are only two things to be con
sidered when you take up the ballot.
One is that Mr. Wheeler is an untried
man. You do not know what he can
do; he does not. He says he does not
expect to accomplish much should he
be elected. My record of eight years
of work for the people Is open to vot
ers. You can better judge what I can
and will do.—«■
Effect on Recall
"Another matter worth your consid
eration is the fact that the recall Is at
stake. If the machine's scheme goes
through and it Is sent all over the
country that Los Angeles has elected
a Socialist mayor for a city of 300,000
people, what will be the effect? What
will be the result, not only in adver
tising the city, but to the recall as
well? It shows how hard up the ma
chine bosses are when they will turn
in and work for a Socialist mayor.
Think of these men who make politics
a business working for a Socialist. It
makes me laugh every time I think
of It.
"Personally I am a Republican, and
Mr. Wheeler is a Socialist. This in It
self Is not a political fight; it is a
principle Involving for or against all
citizens alike. But the machine Is
badly scared. They've got to do some
thing, and they hardly know which
way to turn. This, with the way they
went at their injunction, shows they
are in awful bad shape.
"In their search for arguments they
call this the silk-stocking campaign.
Well, for myself, I am Just a plain,
everyday man; I never wore silk stock
ings In my life. If I should be elected
mayor I promise you that the city will
have no silk-stocking administration,
and one you will have no reason to be
ashamed of."
FUGITIVE BANK CASHIER
RETURNS STOLEN FUND
Oklahoman Sends Back $6000 by
Mail and Will Not Be
Prosecuted
COMANCHE, Okla., March 19.—John
Campbell, the fugitive cashier of the
First National bank, who left Monday
night with more than $6000 of the
bank's money, returned $6000 in a letter
written In Denver.
He said he was Intoxicated when he
left and that he had no intention of
stealing. He regretted his action, he
wrote, and would return the balance
of the amount In a short time.
The bank officials tonight decided
not to prosecute Campbell and with
drew the reward offered for his arrest.
DROPS TO SIDEWALK
IN DEEP SLEEP AND
CANNOT BE AROUSED
SAN JOSE, March 19.—A mysterious
sleeping case developed this morning
when a well-dressed, middle aged mail
suddenly dropped to the sidewalk at
Vint and San Fernando streets. He was
supposed to be Intoxicated and was con
veyed to the police station where he was
examined by the city physician, who en
deavored In Tain to waken him.
Ills pulse was found to be normal, his
heart action perfect, aud his sleep seemed
light and natural. Indicating neither In
toxication nor the effect of drugs. He
still Is asleep late tonight, although sev
eral strenuous attempts have been made
to awaken him.
First Photo of President
and Secretary in Office
i «t«3 ktA m^^>flßS sl
Lit iSSlife: nnk. \m
MR. TAFT
THE only man in the United States
who was absolutely sure of a
government appointment on the
day Mr< Taft was inaugurated was
Fred W. Carpenter, the president's
secretary. Mr. Carpenter was sure of
the- place because Mr. Taft said a
year or more ago that he did not
TAFT WELCOMED
BY ALMA MATER
PRESIDENT SITS WITH YALE
CORPORATION BOARD
Tells Students in Witty Speech How
Dear His Mother College Is
to Him —Cherishes Fel
lowship
- ■ NEW YORK, March With songs
of the football field' and the j boat race
coarse, with : a deafening- cheer and , a
lifting chorus of "here's to good old
Tale, drink her down," President j Tuft
was greeted tonight as the first Yale
president of the United States by more
than 1500 graduates of the university.
The graduates came from all over the
country. They ranged from silvery
haired old men whose degrees bear the
date of '53 down to the youths who left
' their alma mater only last June.
The dinner was served at the Waldorf-
Astoria. The Immense ball room was
decorated with a lavish wealth of flow
ers. From the ceilings countless chains
of pink blooms fell In graceful < loops.
The balcony guards' and the side walls
were entwined with roses. : "v^
[By Associated Press. J
NEW HAVEN, Conn., March 19.—As
a fellow of Yale corporation, President
Taft came to his alma mater today,
and for nearly three hours sat with the
board to act upon university matters.
When he left the meeting and with
President Hadley started to leave
Woodbridg-e hall to go to lunch he
found himself the objective of many
hundreds of Tale undergraduates whose
cheers wore followed by the demand
for a speech.
The president made a brief, witty re
sponse, in which he told the students
how dear to his heart were his Yale
affiliations, and the honor of being a
fellow was too great for him to volun
tarily relinquish.
The student body greeted the presi
dent with the Yale yell. Both presi
dents went to New York later in the
day.
At the Graduates' club and Hendrie
hall tho students of the law department
were in waiting and cheered the presi
dent. President Hadley met the party
on the steps and as he shook hands
with the president the latter affection
ately placed his arm around President
Hadley's shoulders, and they went in
that way into the president's office.
Here President Taft shook hands with
the Fellows who were in waiting, and
without delay the meeting was opened.
President Taft on his trip here from
New York had as his guests in his
private car several fellows of the cor
poration, and to these he declared he
had no Intention of resigning from the
corporation
President Taft stated today he would
not make any important diplomatic ap
pointments or changes for three or four
months to come, and declared that re
ports as to his selections for the vari
ous posts would in the meantime be
pure guesswork.
Fqllowing the meeting of the Yale
corporation, President Taft was driven
to President Hadley's house, where he
was entertained informally at luncheon.
The president left for New York late
this afternoon.
NEW YORK, March 19.—The banquet
tonight at the Waldorf-Astoria, given
by Yale university students, was par
ticularly notable.
The speaker's table, at which Presi
dent Taft sat with President Hadley of
Yale and other distinguished graduates,
was canopied with artificial representa
tions of the elms of old Yale.
Back of the table was a huge drop
curtain bearing a painting of the old
brick row, a reality in President
Taft's student days, but now mostly a
memory.
In front of the curtain and hack of
the speaker's table was a replica of the
old YaJe fence. The representation of
the old barrier was complete down to
the last detail. Many of the Initials,
including the "W. H. T." of iLr. Taft
(Continued on Pass Two)
FRED W. CARPENTER
know what he would do without his
faithful secretary. Carpenter is a
tireless worker, a tactful secretary
and probably knows personally more
public men than the president does
himself. He was in the Philippines
with Mr. Taft and has traveled all
over the world with him.
CLOSES EARS TO
JURY'S VERDICT
ASSAILANT OF GIRL TURNS
PALE IN COURT
Italian at San Rafael Declared Guilty
of Brutally Beating Young
Woman Last Feb.
ruary
[By Associated Press.J
SAN RAFAEL, March 19.—After de
liberating for an hour and fifty-eight
minutes, the jury in the case of Giu
seppe Pia, charged with a criminal as
sault upon Miss Elizabeth Grapes on
the night of February 6, returned a
verdict of guilty, shortly after 9 o'clock
tonight.
At the moment that Foreman W. J.
Morrow arose to give the verdict of the
Jury Pla thrust a finger into each ear
to shut out the words. They penetrat
ed to his brain despite his efforts, and
when he was being led from the room
he staggered like a drunken man and
his face was drawn and ghastly to
look at.
The court room was crowded when
the verdict was rendered. The effort 1
of the defense in the closing hours of.
the trial was to prove an alibi.
In addressing the jury Attorneys!
Stone and Sims declared that the de
tectives had fitted their evidence to a
theory, not a theory to the evidence.
Replying, the district attorney ap
pealed to the jurors to exercise the'r
common sense, nothing more.
The Jury filed out, and when they re
turned nearly two hours later Pla's
fate was sealed, and swift punishment
had been prepared for a crime that has
stirred the county almost to the point
of lynch law.
March 31 was set by the court for
pronouncing sentence.
MURDERS WIFE WITH AX
AND CUTS OFF HER HEAD
Son Discovers Crime, and Slayer Is
Found in Well, but Is
Rescued
CULPEPPER, Va., March 19.—After
murdering his wife by braining her
with an ax, Henry C. Wheatley, a Cul
pepper farmer, placed her head on a
block of wood and almost completely
severed it from the body.
Wheatley was placed in the Culpep
per Jail late last night. ,Th* crime oc
curred at Wheatley's home near Elk
wood, this county, Wednesday^Tilght,
but was not discovered until yesterday,
when Wheatley's 12-year-old son made
the grewsome discovery of his step
mother's body.
Beside the body lay the bloody ax,
and with it a note from Wheatley con
fessing to the crime as the result of a
difficulty over their property.
Subsequently Wheatley's apparently
lifeless body was found in a well on
his place. He was taken out by a
crowd of neighbors who had been sum
moned by the boy, and he soon revived.
Later he was arrested.
Would Tax Corporation Coffers
WASHINGTON, March 19.—Repre
sentative Coudrey of Missouri has in
troduced what is probably the shortest
bill so far presented during the present
session of congress, yet If enacted
into law, it would probably attract
more attention than the Sherman anti
trust law. After the enacting clause,
the entire bill Is as follows: "That,
from and after the passage of this
act, all corporations shall pay a license
tax of one-tenth of 1 per cent on their
capital."
Chinese Mutineers Deported
SAN FRANCISCO, March I^.—
Eighteen Chinese sailors who mu
tined recently and attempted to es
cape from the steamer Henrlk Ibsen
were deported today to China on the
Japanese liner Nippon Maru. They
were transferred from the Alameda
county jail, where they had been con
fined, under guard of armed policemen.
OLMjLJj S^KJI IJliO . ON TRAINS. 8 CENTS
SPECIAL GRAND JURY
RETURNS INDICTMENT
WITHIN FIVE HOURS
Inquisition Assembled Quickly and Mem
bers Get Down to Dujies Hurriedly
and Examine Early Witnesses
IT IS BELIEVED OSWALD IS INDICTED
Late in Evening Rumor Gained Circulation That
Prominent City Official Is Being Sought and That
Under Sheriff Dishman, Armed with War
rant, Makes Search for Man, but
Did Not Find Him During Night
FOUR men needed to complete the required number for the for
mation of a grand jury were selected before 10 o'clock yester
day, a hasty oath was taken, more than 2000 words of instruc
tions were hurriedly read, and within five hours after their first ap
pearance in the court room of Judge W. P. James of the superior
court the nineteen special investigators had returned an indictment.
Surmises were in conflict as to the identity of the accused. The
name of Nick Oswald, former king of the tenderloin, was generally
believed to head the neatly folded document, but the necessity for
this action, when it is remembered that a felony complaint has al
ready been filed against the man, was not apparent.
Later the rumor spread that a prominent city official was
charged with crime, and this belief was strengthened when it was
learned that deputy sheriffs were searching the city for some person
whose identity they refused to reveal.
Under Sheriff Dishman passed practically the entire night at
his office in the county jail building, awaiting news of the arrest.
"I can give no information regarding the identity of the person
wanted," he said. "The arrest may occur at any moment."
Two witnesses only were examined by the grand jury yesterday,
Joseph Durand, a Frenchman, lieutenant of Nick Oswald, and Ed
win T. Earl, publisher of the Express.
GRAND JURY IS SWORN IN TO
INVESTIGATE CITY OFFICERS
Only Matters to Be Probed Are Whether Officials
of Los Angeles During Incumbency in Office
Have Been Guilty of Any Offense
Against the Law
The special grand jury of nineteen
men Instructed to investigate the mat
ter whether or not public officials in
the city of Los Angeles have during
their incumbency in office been
guilty of any offense against the law,
and, with the scope of its work lim
ited to that question, was sworn in by
Presiding Judge W. P. James of the
superior court yesterday.
Five hours later, after a session de
scribed by one of the jurors as "stren
uous in the extreme," an indictment
was returned, a bench warrant for the
arrest of the accused issued and the
jury adjourned until 10 o'clock Mon
day.
Excitement, suppressed and ex
pressed, prevailed in the court house
and was evident throughout the city
yesterday. From 9- o'clock in tho
morning, a half hour before the time
set for the selection of four additional
men to make-up the required number
of grand jurymen, until 6 In the after
noon, the corridors in the county build
ing were well filled, and watchers, evi
dently employed to watch every pro
ceeding, were in frequent telephonic
communication with persons whose
names may be Included in the record
of the grand jury's work, either as
witnesses or heading an Indictment.
Jury Soon Completed
The four men needed to make up the
special investigating body were select
ed in a comparatively short time. Dis
trict Attorney Fredericks, accompanied
by three of his deputies, Messrs. Me-
Cormick, Horton and Ford, "was pres
ent in the court room to watch tho
proceedings in which he will take an
active part. As completed the grand
jury is as follows:
J. B. Flshburn, foreman: D. E. Well
come, secretary; Albert C. Jones,
Luther Ober, J. A. Henderson, J. W.
Calvert, Clifford C. Doran, M. J. -,1c-
Dermott, James Montgomery, Robert
M. Miller, Andrew Osgoodby. John J.
Seymour, J. L. Snavely, J. E. Shuey,
Steven Townsend, F. A. Powell, C. F.
W. Palmer, Jesse Payne and Charles
Yeaton.
Judge James' instructions to the jury
contained more than 2000 words. They
are as follows:
Gentlemen: The statutes of this
state provide that whenever the
public interest seems to require it
the superior court shall direct a
grand jury to be drawn and em
paneled for the purpose of inquir
ing into public offenses committed
within the county. You have been
brought together pursuant to the
provisions of the law for the pur
pose mentioned, and particularly
for the purpose of investigating
the matter as to whether or not
public officials in the city of Los
Angeles have during their incum
bency in office been guilty of any
offense against the law which is
cognizable by your body.
Many offenses committed within
the county are proper subjects for
consideration by a grand jury, but
I shall limit the work of this grand
jury to the particular matter of
examining into the question as to
whether or not there have been of
fenses committed by any person
who is now occupying an office or
who has recently vacated such of
fice within the city of Los Angeles.
Must Be Diligent
In the prosecution of this inves
tigation you will be diligent and
thorough. You will examine all
witnesses who may bo found whom
you have reason to believe will fur
nish testimony competent and rele
vant to such Inquiry. You should
enter upon the Investigation with
out any preconceived convictions
or conclusions as to the guilt or In
nocence of any perspn under in
vestigation. The law designs that
you shall be impartial and un-
;
biased; that jurors should enter a
jury room In a state of mind so
prejudiced or biased that they
would either be led to find an in
dictment or accusation against, a
person upon insufficient evidence,
or fail to find such an Indictment
or accusation upon sufficient evi
dence, is intolerable in the con
templation of our law, which is de
signed not only to give every ac
cused person a fair and impartial
hearing, but also to bring before
the court every person against
whom there has been shown suf
ficient legal cause to justify his
being placed upon trial.
You should remember In this
connection that, under your oaths,
you have a duty to perform toward
the state of presenting indictments
or accusations in every case where
the evidence, impartially consid
ered, warrants such a finding. This
is a duty which you are not to con
sider lightly. In your deliberations
you are to lay aside altogether
statements contained in the press
or founded on public rumor or tho
state of public opinion, that may,
perchance, be brought to your at
tention. You are authorized to act
upon legal evidence only furnished
you in the manner provided by law.
Must Avoid Talkers
Should you be aproached by any
person desiring to talk with you
upon any subject connected with
the matters under Investigation by
the jury, you will warn such per
son that you are not permitted to
enter into any conversation with
him upon such subject, and you are
not to listen to discussions upon
any of ouch subjects, or to con
versations relating thereto, where
It is in" your power to avoid so do
ing. And if any person persists in
conversing with you about, or upon
such matters, you will please re
port the occurrence to the court,
with the name of any such person,
where obtainable.
I will later quote for your guid
ance sections of the penal code
bearing upon your duties. It Is
proper to caution you against giv
ing out information relating to
anything that may have occurred
within the jury room. The law Is
plain and specific upon this subject,
and you cannot divulge any such
information without violating your
oaths as jurors.
A grand jury can only return in
dictments where a felony appears
to have been committed, and you
have no jurisdiction to inquire into
the commission of misdemeanors.
You have, however, the right, and
It is your duty, where tho evidence
justifies such action, to present an
accusation against any public offi
cer for wilful or corrupt miscon
duct in office, notwithstanding that
the offense when measured by the
standard of grade established by
law may amount only to a misde
meanor.
Unless otherwise directed by the
court you art required to limit your
investigation to the matter pointed
out to you in these instructions; In
that matter, as I hnve before indi
cated, your investigation should be
thorough and complete. In this In
vestigation you will be assisted by
an efficient district attorney, who
will, no doubt, be ready to serve
you faithfully In his capacity as the
public prosecutor of the county.
Tho district attorney will conduct
the examination of witnesses before
you, and give advice when required
by the grand jury, but any Juror
may ask any pertinent question of a
witness under examination, and the
jury shall determine whether or not
any question asked of a witness la
proper to be answered, where objec-
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