The morning call., 1890-05-10
NINE TRIAL JURORS.
Citizens Selected to Pass on D.
H. ArnOld's Guilt.
Opinions Expressed by the Talesmen Exam
lned-Deliuquents Must Show Cause.
The Three Brothers.

The trial Of the Colusa capitalist and ex.
SneriH, ID. II. Arnold. charged with the murder
OIL .. w. Garness in the Peerless saloon on the
afternoon OF January Soth last, is beginning
10 attract. the usual crowd Of the morbidly
curious.
Judge Murphy's courtroom yesterday was
blied with specimens of the genus inqusIttve.
aithough nothing TRANSFERRED but the usual
routine proceedings entailed by the empanel-
ment of jury.
Notwithstanding the long drawn-out monotony
OF reiterated questions the crowd remained un-
III the hour Of adjournment with, perhaps, the
rant hope that something would happen TO In
1use little animation into the proceedings
On the opening of the court Judge Murphy ex-
eused all witnesses until next Monday morning
at 10 O'Clock. The examination of jurors was
then resumed. or the first seven talesmen
called to the jury-box only one juror was Sc
cured. being Jeremiah Browell.
EIGHT JURORS SECURED.
Out of the second seven only two were OBJ
tanned. These were George W. Patterson ana
j. M. Davis, and brought the number Of the ac-
cepted Jurors up to eight.
When j. 2. lie Artigan OF 1904 Golden Gate
avenue was being examined he testified that lie
had strong feelings in the matter. He did not
believe that Arnold was right in using a pistol
under the circumstances.
Attorney Wilson asked The talesman II he
would like to be tried by jury in his same
frame of mind
" would not care" replied the talesman.
would feel that 1 had committed a wrong act,
and l would not care how the jury was made
up"
LIE Artigan was challenged and the challenge
was allowed on The ground Of bias.
THE AFTERNOON SESSION.
AT the afternoon session there was no dImlnu.
lion III the attendance. The only object OF at
traction was the large array of legal talent,
which gives prospect OF a very hard struggle
Ben Darwin has hppu secured assist the office
OF Inc District Attorney In the prosecution. while
D. Nj. Delmas, j. n. l.. Wilson and Dennis
| PENDANT
| A noticeable feature on the defendants side of
| me house was the presence OF his two brothers,
| who have come from the East with the especial
| purpose OF doing all they can to secure Tie ac-
qulltal OF Their brother. The three brothers bear
| striking family resemblance the Two recent
ar rivals being fiGe, handsome men As they sat
together In the courtroom In constant fraternal
| communion with each other they formed plct-
| ufe which was The exposure OF all eyes.
William RotrOsky, an insurance agent, was
| the ntst taesman examined in The afternoon.
ne ies,lned mat ne was not acquainted win the
| Defendant or tile deceased. He had cad articles
| IN the pagers regarding the tragedy. but had not
| formed any decided opinion in The case He was
| acquainted with Harry Lask, but never con-
| velsed with him about the case.
ATE you marfled?" asked Attorney Wilson.
am happy enough 10 possess such a
| precious article" responded the smiling tales
| man.
| The witness said that he did not place much
| lailh III insanity pea, Out lie Dc-
| HeVed that trouble could so unhinge man 8
| mind as 10 render him incapable Of distinguish
| ing between right and wrong.
MAN WITH AN IDEA.
A. NJ. Levy was next examined, and startled
both prosecution and defense by volunteering
| the information that lie did not believe III men
carrying pistols or taking the law into their own
hands. lie mad controlling Idea In his head
| about this.
- " hat is that controlling idea?" asked the
| Court.
he witness was not very clear on the point
and under the croSs-examnatlOn OF the Court
his controlling idea" dwnded into a rather
vague belief That 1t was not night for man TO
| blaze away lndiscrlminately at hts fellow-crea-
tuies with loaded reyolyers lie admitted that
In many cases Il man was justified in shooting
another He was not preiudiced on the insanity
plea.
NJ. j. Stone testified that he had for years
worked in Bancroft & Co.'S bookstore along
side OF Garness aud had been intimately ac-
qualnted with The deceased. He did not think
he would make an tial juror, as his past
friendship might warp his Judgment. The tales
man was excused by the Court.
George r. Sbreve, Il son Of the jeweler, was
next called, and testified mat lie had an opinion
which 1t would take evidence to remove. He
had read accounts OF the tragedy. The manner
IN whic the killing took place was the sole basis
The prosecution stated that they were satisfied
with the last three jurors passed.
ONE MORE JUROR.
The defense excused A. NJ. Levy and G. R.
Slleye, leaving w. Rotrosky as the sole juror ac
copied during the afternoon session and making
total OF nine Jurors out OF the entire panel
so far.
1t was then discovered that The jury. box was
exhausted. As number OF the jurors failed 10
answer to their names when called Judge Muir.
ply directed the Sheriff TO hunt up tue delin-
quents and bring them into court on Monday on
orders to show cause Why they Should not be
punished for contempt of court.
There are about fifteen of these delnquents,
and II Is expected that there Will be difficulty
In obtaining the remaining jurors required when
they are brought into court.
Following is the list OF jurors already secured:
Patrick Roe, G. L. Rohte, George j. Carnes, w.
b. Morris, Michael Mcguire, jeremiah BrowelI,
George W. Patterson, J. Nj. Davis and William
RotrOsky
The trial will be resumed On Monday morning
and Will probably occupy the entire week.