The morning call., 1894-04-11
PIXLEY EXCUSED.
Arranged Between Barnes
and COlWeil.
Cowardly Fredericks Blubbers Like a
Baby When Shown a Picture
of Sheriff Pascoe.

Not much progress was made in the im-
paneling of a jury to try Fredericks yes
terday. In fact, no progress " as made, as
although two newly accepted jurors were
added to the panel. two of those pre-
viously accepted, Frank NJ. Pixley and
Phil l.. Archibald, were excused by con-
sent.
District Attorney Barnes had consulta-
tion with Attorney Colwell yesterday
morning. on the question of Mr. Pixley's
qualifications TO sit as juror in the case.
He pointed out that Mr.. Pixley was in
delicate health. that his family desired
him to leave the city for change of air for
while, and that as rumors regarding his
mental condition had arisen it would be
best to excuse him.
Mr.. Colwell, however. thought other
wise. Mr.. Barnes had neglected to chal-
lenge Mr.. Pixiey when he had the op, or
tunity, and there was no objection On the
side of the defense to Mr.. Pixley as a
juror. For. In case of conviction. should
doubt be established as to any jurors
sanity then new trial would have to be
granted. So it looked as though Mr. Pix
ley would have to sit or else that the " hole
panel be discharged.
1t transpred. however. that Mr.. Colwell
found occasion to change his mind. lie
suddenly discovered, through some kind
friend. that he had accepted on the jury P.
u. Archibald. weil-known horseman.
Now Archibald is q candidate for the
position of Sheriff at the next election, and
Colwell did not know that until told yes
terday.
So another consultation was b cid, which
resulted IN fair exchange. The defense
would excuse Mr.. Pixley, and the prosecu-
tion would excuse Mr.. Archibald.
This was done Immediately upon the
opening Of court and by consent of the de-
fendant himself. proceeding which Judge
Levy held to be indispen BILE. That left
three jurors only in the box. P. Van Pelt.
A. Herriman n and F. Haywood. One hun
dred more Jurors had been summoned, ana
once more the examining process was
started.
All Jurors had formed soE:o opinion
save three. The same question on the
part of the counsel for the defense resulted
invariably in the same uncoutested chal-
Ienge. But D. l.. Gormon. grocer, ana u.
Leopold teanster, passed muster salts
factorily. and when court ADJOURNED until
to-day there were once more hVe accepted
jurors in the box.
a discussion. In reply to questions Mr..
Kenitzer assured the defendants counsel
that he could give Fredericks perfectly
impartial trial. -,
.Yuu have no opinion on the case r
asked Mr.. Colwell
Not that know Of"
Have you expressed no opinion ?"
81 think not"
.sNow, as matter of fact, have you not
stated in the presence of other persons
that you thought FTedaricks was guilty
and ought to be hanged ?"
mo; what did say was, that it was
pity to bring good citizens here to try
case like this when both expense and
trouble might be saved by hanging the
fellow right off.
This gentleman was excused for cause.
Bill Bovee, the Grass Valley saloon
keeper, S,age-driver Toy. Sheriff Pascoe's
sons. and others from Nevada County had
another good look at Murderer Fredericks
in the City Prison yesterday afternoon.
The bandage had been removed from his
injured eye, and big sloucb hat belong
ing to member of the delegation was put
on his head.
Then Bovee questioned him about en-
tering the saloon shortly before Sheriff
Pascoe was shot on the night of June 30
last. to all Of which Fredericks gave