The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-05-13
SELF-DEFENSE.
Such Will Be The Plea Of John
+. NaughtOn.
The Day Consumed in Getting Jury-story
of the Tragedy in Which Marcus
NJ Herr Lost HIS Life.

In Judge Firms court yesterday the entire
afternoon was consumed in securing jury with
which 10 Ivy John +. Naughlon, who shot and
killed Marcus NJ. Herr, Vice President Of the
Guarantee Endowment Association, in the rooms
Of that company on tile 23d of February last
NaughOn was Secretary of the company, and
up 10 the time OF the tragedy the TWO men
had been warm friends. The shooting. therefore,
was surprise 10 all who knew them, and was
Witnessed by but one man-Henry l. Brewer.
Brewer, it appears, was interested in a rival
fra, aud Herr had grown suspicious because OF
an intimacy which had grown up between him and
NaugElon. On the night Of the shooting, II is
alleged that the two latter were closeted in the
Office, when Herr came to the door and found 1t
locked. He knocked for admitance and Ndugh-
ton opened The door. Seeing Herr lie attempted
to keep him out. but the other forced his way in.
IL is said that he then grew vefy excited,
and removing his coat applied a number Of
abusive epithets to NaughtOD, who strove TO
pacity him. This, 1t is Claimed, ouly added 10
his passion, and lie at length seized a heavy iron
seal aud eDdeavoTed 10 strike Naughton with IL.
The latter states that he endeayored 10 escape
but was prevented by Herr, and believing his life
In danger lie drew revolver aud Killed Tie other.
DkUPREY's TACTICS.
he defendant is represented by Eugene Deu-
prey, and 1t soon became evident from the III
tuIe OF lie questions put 10 The jury that II Is his
intention 10 sci up llea oil seli-defense.
John Lord Love appeared for the State and
Will be assisted IN tie prosecution by A. L. Van
DuZer who has been retained as special counsel
by John A. Benson, the fatller-in-law OF Herr.
When the hrst panel of twelve jurymen was
called counsel for the defense objected 10 the en-
tire number on the ground that II was made up
Of several yenires and had not been drawn In ac-
cOrdsnce with the code. Judge Finn oyerIuled
The objection and Attorney DeupTey gave notice
OF an exception.
HAD AN OPINION.
John Moore was The first called. He had read
about tie III the papers and Lad formed an
opinion. That opinion was so strong that lie lid
not believe evidence could change II.
Gould you not,' asked Judge Finn, TRY this
case according to the law, given you by me,
and the facts as elected from The Witnesses"
NO, sir.'
"Why not?
Because / have an opinion"
Have you an opinion on the law lnvolyed?"
"Yes, sir"
'Aie you lawyer?"
Then you would place your judgment against
the law as given by me?"
Yes, sir"
Then you are excused. 1 don't think you are
competent to sit on jury"
HE WAS DEAF.
S. H. Nicholson pleaded deafness, and after
provoked smile fI0m his Honor, urging The
truth OF his statement aud Offering 10 produce
testimony to thai effect.
George Burnett was allowed TO 90 because OF
an aversion 10 capital punishment.
Wien Tie hour for adjournment arrived twelve
good men and true had been selected. They
were John NJ. Harding. James fagothey, j. j.
hnOwlIon, Meyer Galllnger. \. Tweitman, John
Ii. Wike, Claus SchilIing, Henry 1ietjen, Lewis
Vincent, Bartlett Doe, William Ii. Nash aud Z.
j. Nicholas.
The hearing OF evidence Will begin this morn.