Note 342 — Chapter XXII · Higher Courts Free Schmitz and Ruef.
Reading edition
The Appellate Court enumerated the following errors at the trial:
(1) That the trial court erred in allowing the peremptory challenge of a juror after he had been sworn to try the case; and the removal, after he had been sworn, of a second juror without cause.
(2) That error was committed in the appointment of the elisor that had charge of the jury.
(3) That the court erred in admitting hearsay evidence of witnesses, Loupe, Blanco, Malfanti, Debret and Rosenthal.
(4) That error was committed when Schmitz was required, under cross-examination, to answer question as to whether he had received from Ruef part of the money extorted from the French restaurant keepers.
(5) That Ruef’s testimony that he had divided the money with Schmitz was not proper rebuttal evidence.