The San Francisco call. [volume], November 23, 1897, Image 1

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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VOLUME LXXXII.-NO. ITB.
THE SAN JOSE GANG NOW ON THE RUN.
JUDGE LORIQAN
HAS QUESTIONED
THE GRAND JURY
Boodlers at Bay Madly Seek
a Victim for Their
1 Malice.
Grand Juror Carroll, Put Upon the Rack,
Declines to Give Up One Jot of His
Rights as a Citizen and as an
Honest Man*
SAN JOSE, Nov. 22.— Sensations
were piled on sensations to-day in
the courtroom of W. G. Lorigan, presid
ing Judge of the Superior Court of the
County of Santa Clara.
He had before him the Grand Jury for
the purpose, as he stated, of ascertaining
who the grand juror was who had dis
sd the proceedings of that body with
reference to the two indictments against
Justice of the Peace Dwyer, which in
dictments had been quashed.
People flocked to the courtroom during
both sessions as if to a free performance
of grand opera. Every face present
showed suppressed excitement in a high
-cc.
The most nervous person in the court
was the Judge himself. During ''
, entire proceedings his jaws twitched
1 Inuonsly, and the tremor of ill-con-
I wrath was plainly perceptible in
I
In the course of the inquisition he un
-.tingly and unqualifiedly stated that
the proceedings were not instituted to
;ate himself, nor to ascertain the
truth or falsity of the articles that have
during the past several days appeared in
THE CALL. His purpose, he announced,
was simpiy to ascertain who the juror or
rs were who had made known the
facts that have been published in these
columns.
All but Grand Juror T. W. Carroll
declared they had not divulged any of the
secrets of the body of which they are
members, though several admitted that
they had been asked for information re
garding Grand Jury matters. Carroll
simply stood upon his constitutional
rights and declined to answer any of the
questions of the Judge. He gave as his
reason for taking this attitude that he
had been informed by his friends a job
had been arranged to cinch him no matter
how he answered. He was further in
formed, he said, that his ruin had been
planned because of the action he had
taken in matters that came before the
rid Jury.
ause of this refusal to answer ques
tions Judge Lorigan assumed the moral
guilt of Juror Carroll and administered to
him one of the most severe verbal castiga-
SUPERIOR JUDGE LORIGAN.
tionstbat ever feh from the lips of a jur-
JBt in tnis State. During this trying pa
nod Carroll sat Quietly in his seat and
The San Francisco Call
gazed straight and unflinchingly at the
Judge.
So bitter and angry were the words as
they rolled forth in tones of passionate
fervor, that large numbers of the friends
of the jumt declared he had overstepped
the bounds of justice, decency and dig
nity, and many regrets wereexpres el by
his friends over his malevolent address.
It is claimed by local attorneys that
Judge Lorigan had no legal jurisdiction in
the matter, and, therefore, no ri«ht to
question, criticize or punish even by rep
rimand any of the Grand Jurors.
FIST FIGHT IN THE COURTROOM.
Grand Juror Carroll declined to say
anything after conrt adjourned in refer
«noe to blf treatment* He wai •»ueu«d to
SAN FRANCISCO, TUESDAY MORNING, NOVEMBER 23, 1897.
JUDGE LORIGAN INTERROGATES THE GRAND JURY.
let time and future developments justify
him.
At the close of the morning se-sion of
the court a fistic encounter took place be
tween C. W. Collins, president of the
Purity Club of San Jo^e, and J. P. Fay, a
member of the City Council. Judge
Lorigan took no notice of this
breach of the decorum of the
court claiming he nad not witnessed the
incident, but hardly had the two men
been separated when the Judge, rising in
his seat, leaned forward and flourishing
his arms in a deprecatory manner called
out:
"Gentlemen, that must stop."
District Attorney Herrington, to whom
Judge Lorigan referred the matter of
prosecuting Carroll, is not in town, and is
not expected to return this week.
H. L. Partridge, his chief deputy, says
he will take the matter up as soon as
some otter points are developed in con
nection with it. He expects to be able to
do ibis in two or three days.
JUDGE LORIGAN
MAKES A SCENE
Interrogates the Santa Clara
Grand Jury !n His Own
Defense.
SAN JOSE, Nov. 22— Prompt to the
second. Judge W. G. Lorigan called his
court to order at 10 o'clock this morning.
There waa a fell attendance, many being
compelled to stand. Borne minor matters
were quickly disposed of and then came
the announcement tbat every one was
anxiously awaiting:
"The clerk will please call the names of
the Grand Jury, and those who are not
seated on the bench will step forward and
take their places," remarked Juige Lor
igan.
The roll was called and all were found
present except Lyman S. Bare. The
Grand Jury is comprised of the following
citizens: Nathaniel Coot, foreman;
Charles H. Cropley, James T. Rucker,
socretary; William Phelps, Robert Walk
er, Waiter L. Ohrisman, Robert McCub
bin, Martin Hogan, Harvey Swickard, J.
S. Mock bee, Simon Snunders, Fred Alt
man, Friacco Fisher, J. A. Waldorf, Miles
Hollister, Frantc B. Wise, John Flannery,
T. W. Carroll, Lyman S. Bare.
Judge Lorigan charged the jury in the
following language: "You swear that
you will return true answers to all ques
tions propounded to you by the court re
carding matters that come up in the ses
sions of the Grand Jury."
Affirmative replies were made by all
the jurors. Add reusing Mr. Cook the
Judge continued: "You are the foreman
of the Grand Jury?"
'•Yes, «ir," was the response.
"One of the jurors who was called here,
Mr. Bare, failed to re>pond. Of course,
the inquiries that 1 am about to make
should be made with all the members of
this body present."
Forman Cook informed the court that
Mr. Bare was now ill, suffering from in
juries received some years aeo, and had
not been able to attend any of the meet-
incs of the Grand Jury for two months.
The Judge made inquiry of Secretary
Rucker regarding Bare's absence and,
after referring to his minutes, Kucker in
formed the court that Bare had not at
tended any session of the Grand Jury
sinco September 25.
J "THE CALL" CORRESPONDENT
5 NOT A BLACKMAILER.
* • •
* Mr. Charles M. Shortridge of the San Jose "Mer
£ eury, 1 ' Makes Apology.
* „
* SAN JOSE, Nov. 22. — In connection with the recent
articles from this city which have appeared in THE CALL,
* the following self-explanatory matter will appear in the
J Mercury to-morrow:
} San Jose, Cal., Nov. 22, 1897.
if. C. DA. Shortrtdgt Esq., Editor and Proprietor {Mercury, San Jose —
£ DEAR SIR: In your paper of Saturday, November 20, 1897, it is stated
* in the leading editorial, headed "John D. Spreckels, Attention," that
J "the writer of the articles from this city can be nothing else than a
•*• miserable, faking schemer, if not blackmailer."
* I take this means of informing you that the writer is the under
* signed and trust to your sense of honor and justice to correct what you
* now know to be an error. Yours sincerely, L. SEIDENBERG.
*
* You are right and lam wrong. I have known you for years. You
•*■ were in my employ for nearly three years as reporter on THE CALL, and
J you were always faithful, honest and reliable.
* 1 regret my language so far as it applied to you. The report sent
£ from this city, which formed the basis of the article in the Mercury, was
* the thing I desired to correct or denounce. My language was open to
J the criticism you make, hence I gladly, cheerfully make this retraction
* and explanation. • CHARLES M. SHORTRIDGE,
* B|J| Editor and Proprietor San Jose Mercury.
Addressing the grand jurors. Judge
Lorigan spoke as follows: "When your
body was called here an oath was laken
by the foreman and a similar oath wa
administered to the members of the Grand
Jnrv. I will read thai onth now."
The oath was then read as follows:
You, as foreman of the Grand Jury, will
diligently inquire into ana true presentment
make of all public offences against the peop:e
of tills State, committed or triable witnin thit
county, of which you shall nave or can obtain
legal evidence. You will keep your own
counsel and that of your fellows and of the
Government and will not, except when re
quired in the due course of judicial proceed
ings, disclose the testimony of any witness
examined before you, nor anything which
you or any other grand juror may have said,
nor the manner in which you or any other
grand Juror may have voted on any matter
before you. You will present no person
through hatred or ill will, nor leave any un
presfanted through fear, favor or affection or
for any reward or the promise or hope thereof,
but in all your presentments you will present
the truth, the whole truth and nothing but
the truth, according to the best of your skill
and understanding, so helD you Uod.
Judge Lorigan then went on: "Inde
pendent of this oath there are provisions
of the law requiring that all matters
which take place before the Grand Jury
should be held in inviolate secrecy as to
any action the Grand Jury may take and
any final indictments that may be found.
Ana the same secrecy is equally imposed
upon ths court. It would be a travesty
on the law if the court should be per
mitted to do what the Grand Jury is pro
hibited from doing.
"It has gone abroad that a member of
the Grand Jury — one member— has dis
closed certain matters which took place
before tbat body. It is due to you as a
matter of justice that this court should
bring you here and inquire if such dis
closures have been made. It is a matter
ol no consequenca whether the matters
involved are true or false. My object is
to ascertain whether any one of the Grand
Jury has disclosed matters of secrecy. I
want to suggest to you now that grand
juries are sometimes inclined to think
that they are omnipotent. Gentlemen,
you are mistaken. I take this opportun
ity of impressing it severely upon your
minds that you are laboring under a cross
mistake."
Juror Cook was closely questioned as to
whether he bad at any time or place or to
any person disclosed any of the secrets, or
tbe proceedings, or testimony, or matters
of any kind which had transpired in the
Grand Jury room, if so, whetberany person
at any time or in any place bad approached
him and solicited information concerning
such matters. To all these questions he
answered in the negative.
Juror Cropley, on beine similarly inter
rogated, replied that he had not disclosed
any of the matters upon which secrecy
was imposed. He stated that he bad
talked with outsiders only about those
things which were published in The Call,
and referred particularly to two indict
ments.
"What did you mean by speuking of in
dictments?" asked the court.
"I think there were two indictments,"
answered the juror.
"You did not tell anybody about
them?"
"No, sir; I was not present when they
were found."
When James. T. Rucker, the next juror
put on the rack, was asked if any one had
approacned him and solicited information
regarding the Grand Jury, he stated that
two gentlemen claiming to represent The
Call had called on him. He did not
know them, he said, but the name of one
was Cremin. This gentleman had handed
him a card, but the other did not. He
did not know the latter's name, and could
not remember it it he heard it
"Did you give him any information?"
questioned the court.
"Nothing ihat took place in the Grand
Jury room," responded Rucker. "They
had a story and asked me to verily it. I
declined to give any information regard
ing it. One part of the story was that
you had gone in to the Grand Jury un
solicited. 1 told him thai was a mis
take."
At this point Rucker was sharply inter
rupted by the Judge, who remarked: "I
am not here trying to vindicate the court,"
and Rucker's examination was over.
Jurors Phelps, Walker and Chrisman
had divulged nothing, they said, nor had
any one approached them for information.
Juror McCubben test tied that he bad
been approached about certain matters,
but had refused to speak regarding them.
Judge Lonuan asked him if he had been
approached for information for publica
tion by any person claiming to represnm
a newspaper, and he replied that he had
not been.
Jurors Hogan, Swickard and Mockbee
eacu in torn said they had not ia any way
PRICE FIVE CENTS.
violated the secrets of the Grand Jury
room.
Juror Saunders said he had bsen ap
proached by a person and asked concern
ing the Dwyer indictments, and he had
answered that he did not think telony had
been committed, and that for this reason
the Grand Jury had not indicted Dwyer
He was not asked to disclose the name of
the man who had approached him.
Juror Altman'a examination was brief
and satisfactory to the cuiir , who then
again questioned SaunUers, asking him if
he had been approached by any members
of the press.
Saunders replied in the negative. Tha
Judge asked him if lie had not been
questioned by town people who wanted to
know what was going on. Saunders
answered th at such was the case.
Jarors Fisher ana Waldorf came out of
the examination unscathed. Juror Wise
testified that he had been asked if the
matter published in The CaiX was true.
He replied, be said, that he had nothing
to say.
"Perfectly right," commented the court
in a fatherly way. Juror Hollister passed
tho ordeal in comfort and safety.
J urror Carroll was next on the list. His
examination was as follows:
The court — You have pretty generally
attended the sessions of the Grand Juryf
Carroll — Yes, sir.
"Have you at any time disc osed to any
NEWS OF THE DAY.
Weather forecast for San Fran
cisco: Cloudy on Tuesday, with
probable showers.
FIRST PAGE.
San Jose Gang on the Run.
SECOND PAGE.
Fight for ihe Boulevard.
Los Angeles "Waier Works.
THIRD PAGE.
Supplies for the Bar.
To Save the Saals.
Fight for San Pedro.
FOURTH PAGE.
Captain Lovaring's Brutality.
Dixon's Murder Mystery.
Needs of Arid Regions.
Can Harden Copper.
FIFTH PAGE.
Football Men in Training.
Water-Front News.
Fire on the Warship Oregon.
The Last Ghost Lecture.
SIXTH PAGE.
Editorial.
We Need No Islands.
Of Iniere~t to Voier*.
The Fusion Freeholders.
Probable Cabinet Change*.
Proposes Annexation of Hawaii
Personals and Q cries.
SEVENTH PAGE.
Death of John Mallon.
Darrant's Appeal Allowed.
News of the Pugilists.
David J. Staples 111.
Kasson Caueht Again.
EIGHTH PAGE.
The New City Districts.
Trouble for Matron Gilmore.
No Appeal for Internes.
NINTH PAGE.
Buckley Men Laying Wire*,
Races at Oakland.
TENTH PAGE.
Commercial Intelligence.
ELEVENTH PAGE.
News From Across the Bay.
THIRTEENTH PAGE.
Births, Marriages and Deaths.
FOURTEENTH PAGE.
Baden's Robber Has Confessed.
Sports at a Rat-killing.
Turkey Cheaper Than Beef.
At the City Theaters.