The morning call., 1892-01-27

ment roll (, opposed 10 capital punishment
,, residents Of Alameda County .. not a
citizen I, military exemption /, deaf l, eX-
cused by the court l.
The absentees were Dan Callahan, John
Egan, Y. Grey. +. NJ. Gillian, t. c. Hills,
NJ. Hepburn. NJ. Howard, Mr.. Low, John
Lacomb, l. E. Light, Mr.. Lindley and Mir.
RYAN.
Those who were excused for bias were L
Il. BOneSteIl, ). Is. DolliyeT, {. II. Haswell
Jr.. J. B. Hill. J. p. Jordan, W. J. Lowrey,
c. d. Ladd, j. NJ. McMullen, W. NJ. Nolan,
b. Rfy, James Sullivan, Mr. Spruauce, y.
". Stott, J. y. Y asQuellez, =. !. " gilmore,
James q. Walker, L. b. Lake, {. ID. Thomas.
CHALLENGED.
The following had passed the eXamiua-
ton satisfa touly TO the court but were
pprempt0rilv challenged by the defens- ::
b B. Barton. Thomas Cox, l.. GIegCire, {.
". Gordon, p. MoUoy, H. NJ Iilden.
b. +. Wellington was peremptJriy chal-
leng-d by the prosecution.
r. B. Hocbstadter, r. B. Thomas Leahy,
". c. UutteGback and Edward Denny were
not on the &Ssessment-TClI
l.. :. Adams and {. Deasy had cOnSClcn-
tious scrupies against capi' al punishment
e. c. II biHsou was a resident OF Oakland
and A. MacKay OF Alameda.
George Ross was an alien. 3. c. Kelly
National GuardSmau and l.. b. Lake a deaf
man. Dan Wade was excused because he
=
RATHER TAME.
Though Judge LawlePs courtroom, where
Judge Trout was holding court, was
crowded with eXpeCtant spectators the pro-
ceedings were rather tame The defendant
Curtis was accompanied by his wife, who
kept her eyes riyeted TO the jury-bOx as
though trying to read every mans mind.
Mr. FoOte examined the talesmen on be-
half of the defense. His associate coun el,
Messrs Knight and Wilson, conferred with
him through ut.
District Attorney Barnes occasionally
asked a question, but his assistant, Mr..
Hinkle, had the lab0riug oar,
The panel was composed of exceptionally
good men. The Sheriff seemed to have ex-
erted himself 10 summon business men Of
h Oh intelligence. They we're we'll spoken
men and we'll dressed men, and By DO means
of the class so well known around the City
Hall as professional jurors.
MERRDIENT IN COURT.
P. MoNOy, a witty individual, caused the
most merriment. His quick and bright an
swers were appreciated By both Judge and
lawyers.
Asked whether he knew any Of the law
yerS present he said
q believe | know Nr, Foote by looking
at him"
That's all you want to know" reioined
Mr.. FoOte, joining in the laugh he Il ad
raised on himself.
WHATS your business?" said the lawyer.
I'm the manager of an undertaking es-
tablishment," said MOIlOy.
Then you have no objection to capital
punishment"
"Of course 1 have not" quickly spoke
MollOy, and the crowd roared.
do you reside in Oakland or In this
city?"
81 eat and sleep and drink in this
city"
Are you sure you always drink in this
city?"
Pm sure do"
The wave Of laughter which broke upon
tie bench caused the Judge TO feign the
conventional magisterial Indignation which
is necessary to check levity, and the Sheriff
played tattoo on his table.
HE WAS A GUARDsMAN.
Another amusing incident was the peril
nacitY of b. e. Kelly, a handsome young
national Guardsman of Company c, Fifth
Infantry. lie claimed to be- exempt from
jury duty when his name was called.
Judge Trout told him as it was a special
veuiIe be could not be excused.
But l insist on it. your Honor" said
Kelly.
We cannot excuse yOu," replied the
Court.
"Well. insist on it," was all that Kelly
could say.
Il suppose" suggested Lawyer Foote,
'that your Honor will take judicial cogni-
zance of the fact that we are about to have
war with Chile"
The laugh which greeted this remark hav.
ing subsidized Mr.. Kelly sat down and was
examined as TO the state Of his mind about
the case.
After awhile the Judge interviewed and
said he w0uld excuse Mr. Kelly, on the
ground that he was exempt from jury duty
During the proceedings In the morning
Judge Murphy came in aud sat for about an
hour on the bench with Judge Trout.