The morning call., 1890-05-09
ARNOLD ON TRIAL.
lie Will Answer to the Charge
of Killing GarneSs.
The Afternoon of Yesterday Consumed in
Judge Murphy's Court in the Exam
ination Of Jurors.

In Judge Murphy's court the case of D.
Il Arnold, charged with the unlawful kill
ing of 5. W. Garness, in the Peerless Sa-
loon, opposite the Flood Building, on Mar
ket street, on the afternoon of January 80,
1890, came I'D al o'clock yesterday after
noon for trial.
The defendant, who is a wealthy farmer
and cattle-raiser. and was at one time of
Ceusa County, is man of distinguished
appearance, and was accompanied in court
by his two brothers. He looked slightly
worn, and his face bore look of anxiety
as he scrutinized the jury. He will be de-
Tended by L. NJ. Wilson, d. N. Delmas and
D. j. Spencer.
The first juror called was N. Rheinstein,
merchant engaged in business in Ventura
County, and who has been a resident of
California since 1855.
Z. l.. Lake. who was born way down in
New Bedford, Mass, and who had been for
forty years a sailor and for twenty-four
years a porter, was asked if he had any
pre- JUDGE against the plea Of insanity in a
proper case.
HAD AN OPINION.
u don't believe" he said, THAT man
can be sane one minute and insane the
next"
lie chung to this idea with great tenacity,
and insisted upon reiterating repeatedly to
the amusement Of the spectators in the
courtroom. The defense objected to him,
but the objection was overruled.
Patrick Roe was then Intercepted, and
= stated that he was not engaged in business
at present. having accumulated compe-
tence which he was now enjoying. He did
not object to the plea of insanity, and be-
lleVed IN the right OF man to protect his
own life or that OF his wife, even to the
ext ent OF taking that Of fellow-man.
The fourth juror. Joseph Getz, mer-
chant, knew nothing of the case, and knew
OF no reason why he could not try the case
fairly and impartially. He had no preju-
dice against the plea of insanity, and
thought that man had a right to protect
his Wife's life against violent assault.
I. h. Rhote, well-tO-do German, stated
in answer to the queries OF the attorney for
the defense that he had just returned from
Europe and had no knowledge of the case
under trial Thought insanity reasonable
plea ID proper cases, and was firm in the
belief that man had right TO protect the
honor Of his family against the onslaughts
OF other men. This was objected to by the
prosecution, but was allowed by the Judge
IN order to aid the defense in making their
peremptory challenges.
READS THE PAPERS,
j. Hirsch, clothing merchant and ma
tive of France, stated that he had read the
full accounts Of the shooting as published
in the daily papers at the time of the occur
renee, and had formed an opinion as to the
merits OF the case, but knew of no reason
why he could not be fair and impartial
juror. He was afterward excused by the
defense.
c. w. Skidmore, who had at one time
been in the real-estate business, knew moth
ing about the case, but was peremptorily
challenged by the prosecution and excused
When George j. Carnes was questioned
he stated that be had known Garness dur
ing his lie and knew both him and the de-
fendant as members of the Odd Fellows,
but was Of the opinion that he could sit
upon the case without being influenced by
that fact.
W. d. Morris thought that in view of the
fact that he had formed no opinion he
would make fair and impartial Juror.
ii. l.. Van Wrinkle had read the published
accounts Of the case and had formed the
opinion that the shooting of Garness was
not proper remedy for the alleged wrong
which had been done Arnold. He was
challenged by the defense and no objection
being made by the prosecution he was eX-
cused.
WILL TAKE A WEEK.
AT this point the Judge asked Mr.. Wilson
how long time he would be occupied in
the trial, and was Informed that 1t would
probably consume the greater part of the
coming week. To this the Judge replied
That IL was his purpose to expedite matters
as much as possible, and to that end he in
str1cted the excused jurors TO report again
on Thursday next.
G. w. Poindexter was then challenged by
the prosecution, because of his objection to
capital punishment, and was excused.
This completed the examination of those
first called, and Skidmore, Rheinstein,
Lake and HirSch were excused, leaving five
Mcguire, Morris, Roe. Rhote and Carnes
to be sworn as jurors.
The jury-box was filed up again, and
w. 9. Doolittle, b. +. Gilman and e. j..
de Mel were examined by the attorneys,
before the adjournment Of court, at 4:15
The examination of jurors will be re-