Jasper County Democrat, Volume 10, Number 9, Rensselaer, Jasper County, 1 June 1907 — WARM TIME IN COURT [ARTICLE]

WARM TIME IN COURT

Lawyers Wax Wroth end Give Each Other the Lie Direct and Positive. JUDGE FINALLY TAKES A HANI Tells One Legal Light That Hts Will Send Him to Jail Then He Make* a Rule That Associate Counsel on Either Side Must Not Butt in Any -ft-- More. 7 i t ■ Ban Francisco, May 29. Of the fifty veniremen summoned into court for the completion of the Schmitz jury—eight jurors already having been sworn to try the case—forty-one answered the clerk’s roll call, nine were absent, twenty-five offered excuses to the court and were allowed to depart, leaving sixteen among them whom tc select four jurors to complete the panel. Talesmen L. S. Bachman, A. A. Altmeyer, Joseph Bush, James M. Brittain, F. G. Eckhorst, William Meisner and Bernard Wombold were all excused on the ground that they had formed strong opinions as to the guilt or innocence of the accused. In all twelve of the sixteen men were let go for bias, etc., and another venire of fifty name* was ordered.

Exciting Incident Occurs. There was an exciting incident during the session of court, that led to a threat by Judge Dunne to send Attorney John J. Barrett, of the defense, to jail for contempt It occurred during the examination by Assistant District Attorney Heney of Talesman J. R. Blanchard, a street contractor. ’Did you ever pay a S4OO commission for the collection of your claims against the city after it had been held up by the board of public works?” demanded Heney of Blanchard. “Well, not recently,” said Blanchard. “Paid It to Maestretti.” "How long ago?” “Well, I paid it to Maestretti." “Oh, you did? And' when?” “Well, It was about a year and a- half ago—just after (Frank Maestretti was at that timepresiaent Of the board ot public works. He was later removed by tne mayor.) “And did you,” demanded Heney, “go to the mayor-and complain of this hold up?” “I tried to see him,” replied Blanchard. “I went to his pflice half a dozen times, but I never Could find him. Maestretti was the only man that ever held me up.”

BARRETT AND HENEY CLASH Judge Also Does Some Clashing and Peace Is Restored. “Did you make any effort, Mr. Blanchard, to lay this matter before the grand jury and have Maestretti punished for bis crime?” pursued Heney. Attorney Barrett sprang to his feet. "We object to that question,” he cried. “Maestretti is a member of this prosecution and—” Heney jumped to his feet, his face red with anger. “That’s false, —r. Barrett,” he shouted, “and you know it” “It’s not false, and when you say n is you are falsifying,” retorted Barrett hotly. “Mr. Barrett” said Judge Dunne, "if you interrupt counsel again like that I will send you to jail.” Barrett started to protest that he had a right to be beard with his client's interest but Judge Dunne cut him short with a curt order to be seated. Then Judge Dunne turned to Campbell and said: “Mr. Campbell, if you are going to conduct this case I want you to do it alone. This court will not suffer any further interference by associate counsel. I make the same ruling with regard to the prosecution. —.One attorney must must speak for each side.”

Ex-Judge Fairall, of the defense, resented the court’s remarks, demanding to know whether any imputation was meant agaiust himself. Judge Dunne replied: “I have made a ruling. Mr. Fairall.” "Then I except to the remarks of the court as being improper?” Fairall rejoined. “We challenge this juror," said Heney, “on the ground that the facts themselves show that he is not in the proper frame of mind to do equal justice between the prosecution and the city. He concealed a crime the crime of extortion committed by a public official. He made no effort to lay it before the grand jury. He is not fit.” The defense resisted the challenge and this provoked Judge Dunne to remark : “He Is a man personally interested in the city administration. The challenge is allowed.” Blanchard stood aside.

Assistant District Attorney Heney says that It has been discovered that the police force is being used In an attempt to reach prospective jurors and witnesses in the graft prosecution. Heney’s statement was supplemented by Special Agent Burns, who declare! that Mayor Schmitz “is using the police department to gather evidence in his behalf and for other like improper purposes.” The defense denied the Imputation that Improper means were being employed. Kuroki at Chicago. Chicago, May 28. —General Kuroki and party havearrlved at Chicago. The Japanese military leader will be the guest of honor at a banquet to be giv-‘s en by the Commercial club next Friday night ' -1... .

V OHLY HONORABLE DEATH Old Age So Declared by Chemist Wl* I ley—Belongs to the Hundred* Year Club Himself. Cleveland, 0., May 30.—Chief Chemist Wiley, of the United States department of agriculture, In the course of an address before the graduating class of Case school of applied science, said! •"I belong to a hundred-year club, any" member of Which who shall die before he’s a hundred years old will be immediately expelled in disgrace. The present generation is going to live much long®: than the one which came before fills because it nows more about the laws of diet, hygiene and surgery. “It’s a rank disgrace for any man to die except from old age. In view of longevity, if nothing more, a man should not think that he is taking too much time in Reparation for his life work if he should spend a score or more years in just schooling.”

Scout Ship Is Launched. Quincy, Mass., May 30.—The scout cruiser Birmingham, one of the latest types of fast warships for the United States navy, has been Successfully launched at the yard of the Fore River Shipbuilding company at Quincy, Miss Mary Campbell, of Birmingham, Ala., broke a bottle of champagne on the steel prow as the big vessel started. Chinese Revolutionary OutrageCanton, May 30. Revolutionists In the neighborhood of Swatow recently captured the entire family of a Chinese brigadier general and compelled them all to droyn themselves in a well. Thirteen hundred troops have been sent from Canton to Swatow and another detachment has gone there from Shluhing.

Big Sympathy Strike Threatened. Birmingham, Ala., May 30. The Birmingham Trades Council has issued an ultimatum to the Birmingham Railway, Light and Power Company to reinstate file locked-out motormen and conductors by 10 o’clock Monday morning, or every unoln man in the district will be called out at that time. Loving Cup fbr Gen. Kuroki. Milwaukee, May 30. During (he progress of a luncheon in honor of General Kuroki a beautiful loving cup’ wrought out of solid sliver was presented to the general by the Citizens Business League, the presentation speech being made by President E. A, Uhrig, of that organization. Hughes Also Vetoes the Bill. Albany, N. Y., May 30. Governor Hughes has vetoed the New York teachers’ bill, which sought to equalize the salaries of the women school teachers of New York city with those of male teachers.