Progress of the Sunday Law.
By Editor
Two cases have been tried in Sacramento, with a verdict of, Not guilty, in both cases. The argument of Judge McFarland, counsel for the defense, was very able. We shall give some extracts from it next week. One man in Oakland was fined $50.00, the full extent of the penalty of the law, April 3d. The case will be appealed. A case was tried in Petaluma twice, and the jury disagreed both times. It is to be tried again. At the trial of the first case in San Francisco, the jury disagreed. At the second case there were made some “astounding revelations,” as the Chronicle well calls them. We copy the following from the Chronicle’s account:— “The Prosecuting Attorney examined each juror separately, asking each if he was a member of the League of Freedom, receiving an affirmative reply in eleven instances out of the first twelve men drawn. The next question asked was if the juror felt any repugnance to the operation of the Sunday Law, and to this the entire twelve responded in the affirmative. Mr. Blaney then asked if their bias would allow them to convict a defendant if a clear case were made out, and the law were given to them by the Court. Ten of the jurors responded with a decided ‘No.’ Of the first two or three who returned this answer, Judge Rix asked in astonishment: ‘Do you mean to say that you would not, under any circumstances, convict a violator of the Sunday Law if a preponderance of evidence showed his guilt, and the law were given to you by the Court?’ The invariable answer of the ten was a firm ‘Yes, sir,’ to which the Judge curtly responded, ‘You are excused, sir.’ One juror stated that he would believe it his duty as a citizen to convict if the instructions of the Court were clear on the law and the offense were proven, but he should give the prisoner the benefit of any doubt, and would feel opposed to convicting him in any event. He was excused. But one juror in the twelve was passed to the defense, and he, on stating that he was opposed to the law, was also excused, but by the defense. “On exhausting the panel, Judge Rix declined to again fill the jury box, stating that it was evident that no jury could be secured out of the small venire, and he would suggest a continuance, if the counsel would consent. No objection was made, and the case was continued until April 10th, at which date the cases of the persons arrested last week have been set.” The cases of arrest in San Francisco now number about 1,400. It will be difficult to dispose of these by jury trial before the session of the next Legislature. A minister in Sacramento gave an earnest appeal for the law, saying it must be enforced. After the sermon, one of our brethren asked him if he thought it could be enforced, when he frankly answered that he did not. And this opinion seems to be strengthening every day.