Show ONE 0 rd 4 1 MAN is OFF OF V THE H URY DEFENSE IN THE CRAIG CASE OBJECTED TO HIM taking of testimony Is now in progress documentary evidence further delay in the craig proceedings was encountered when at the opening of the hearing this morning judge alagiannis Ala magi ginnis nals for the defense asked permission of the court to question one of the jurors he then asked john IV it if he had not about three years ago had difficulty with the city council la in regard to opening a street in which he owned property ho replied that he was tather rather chagrined at the councils action at the time and still retained SOMO some animosity toward the council as a body this he be held would not influence his judgment in the case since he was not aware that the defendant had participated in the action tho the prosecution objected to tio a challenge saying that such a course was not in order since thet the jury had already been sworn in sir maginnis then requested that the case be reopened and that the juror be excused by the court after a consultation with the counsel judge howell ruled that ahila tho admission of mr was not S such itch as would positively prohibit his rendering a fair decision yot yet the court desired to have a fair and impartial P artial jury and the juryman might therefore bo be excuse excused it was further fui ther ruled that tho records show that the caso case was opened on the motion of the defendant and that tho juryman was excused by action of the court amos sebring one of the jurors palled called in the special ventre venire of yesterday was accepted with but little questioning to take the place of the ithe juryman who was nas excused mr ir halverson for the prosecution then stated the case to tho the jury and said it would be shown that the defendant accepted the sum um of 25 for services claimed to have been rendered on boards of equalization and canvassing committees it would further be shown that the defendant did not serve on a board of equalization during that year the prosecution lie ho said would show that in december 1904 the council passed a resolution appropriating to each member of the boards of equalization and review during that year tho aum of and that no claims were presented present pd under this resolution it would be shown that in july 1905 a resolution was passed appropriating to each member of such boards 3 per day for services during the years 1904 and 1905 and that in december 1905 another resolution was passed appropriating to every member of the council whether he served on the board or not as remuneration for services on boards of equalization for that year ile ho purposed to show abow that the defendant sat on three such auch boards during the y year ear 1904 tho time as provided by statute ita tuto for the sitting of each b card board being five days whereas evidence would be produced to prove that the defendant served on two or more boards at the same time As to the evidence which the prosecution would produce mr halverson stated that it would be for the most part documentary expounded by W J critchlow the city recorder judge alagiannis Ala ginnis then addressed the jury and said the trial would practical ik 1 hing hinge a on the question of intent the krosec prosecution ution he asserted must provo prove beyond a reasonable doubt that mr craig accepted money from the city with the deliberate dell berato intent to defraud evidence would be adduced to show that the defendant was and Is an ail honor honorable ablo and reputable citizen whose unmitigated honesty would relegate such action to othe realm of the improbable before the jury could return a verdict of guilty ho he said it must have positive evidence that the defendant deliberately robbed the city of 0 the sum of ile he admitted that the salary of a councilman was fixed at the munificent sum of 20 per month for which he must sit in counell council cil meeting at least once every week during mr air craigs term of office he said an unus unusually tally large amount of improvements prove ments had been made which were not anticipated when tho the defendant was clec elected ted to judge properly in respect to his motives in accepting special fees for services which this condition of affairs imposed on mr air craig tho the best course tor for the jurymen juryman to follow he said was to put themselves in his place it would be shown ho he stated that before the council made these appropriations the mayor was consulted who after a careful investigation vesti gation approved tho the action mr maginnis then called the jurys attention to a mistake which I 1 mr halverson had evidently made by inadvertence as an appropriation pria tion which he represented to have been made in july 1904 was made july 18 1905 this he said was important since even ono one weeks time might make a great difference resuming his address he stated that before appropriating the money the city attorney had been consulted who in an informal way expressed his opinion to individual member the council one mistake he said had been made by the councilmen find and that was the fact that the money was drawn from tho the general fund instead of the special fund resulting from taxes levied on the improvements this however was merely a matter of bookkeeping book keeping since the general fund was later amply reimbursed from tho special funds therefore the only thing that could bo be charged against the councilmen was that they took it upon thoms themselves elres to revise the city ordinances instead of giving the contract to a lawyer the evidence would show ho he said hat ahat sr craig had served on 25 boards of equalization and was therefore entitled to instead of only IV W J critchlow tho the city recorder was wag then disked to take the witness iland and from his books considerable consid emble documentary evidence was submitted he said that on december 28 1903 an appropriation was made allowing the councilmen 25 per year for services on boards of equalization and canvassing committees for tho the years 1902 and 1903 that on july 18 1904 another appropriation was mado for like services rendered since january 1904 this was fixed at 3 per day and that tha i on december 27 1904 the sum of per member was appropriated for ser ar lees durins during 1901 |