The morning call., 1894-04-06
BUT TWO WERE UNINFORMED
District Attorney Barnes Admits
Hereditary Insanity.
EVIDENCE FROM GERMANY.
Judge Levy Decides That Commits
sion Need Not Interfere With
the Trial.

William A. Fredericks wore a woe
begone air yesterday as he sat beside
Attorney Colwell in Judge Levy's court
The youthful homicide has lost good
deal of his "blue-eyed German boy" ap-
pearaDce since his committal to durance
vile. He now resembles nothing more nor
less than an ordinary everyday criminal,
with a distinct resem Dlance TO the notori-
Gus Chris Evans in the fact that he
possesses a damaged eye. Somehow or
other the bahdage got twisted upside down
yesterday, and thereby caused number
their allegiance.
District Attorney Barnes with his as
sociate counsel, Eugene T. Bert, repre-
sented the prosecution. while Mr.. Colwell,
the defending counsel. looked anxious as
he scanned the faces of the jury.
Mr.. Colwell addressed the court as soon
as the case was called. He said he was
prepared to prove that Fredericks in
herited the disease of insanity. In order
that this conten ton, which would prove a
part OF the defense. might be clearly es-
tablished Mr. Colwell asked for continu-
aDce of the case.
District Attorney Barnes opposed it. To
the manifest surprise of the spectators
present Mr.. Barnes said he was willing to
admit the fact of insanity In connection
with Fredericks' family. but he saw no
sufficient reason for not proceeding with
the trial.
Mr. Colwel stated that he desired the
court to direct that a commission issue for
the taking of evidence upon the insanity
question in Germany, where the prisoners
parents reside. 1t could be easily proved
that the prisoners mother died in lunatic
asylum. On that account it was commended
that a continuance of the trial was abso-
lutely necessary.
Judge Levy. however, was of different
opinion. He saw no reason for any con-
tinuance of the trial. and with the note OF
an exception to the ruling the motion of
Mr.. Colwel would be denied.
1t was stated by the court however. that
the motion of the defense for change of
venue, although once dismissed, might be
brought up again at any point OF the pro-
ceedings, and Mr.. Colwell seemed consd-
erably relieved at this intelligence.
The work of impaneling jury was then
proceeded with. Unfortunately the history
of the crime proved to be conspicuously
fresh in the minds OF most talesmen, and
the result was that not single juror was
accepted out of the whole venlre sum
mOned. James O. Pollard, Albert L.
Bruner. Robert D. Fry. Theodore Culpers.
all had opinions OF their own. They were
excused for cause.
John G. Brannan threw fash of light
across the gloom of the proceedings by
saying that he knew nothing whatsoever
OF the case. He had formed no opinion
and as a juror would be strictly impartial.
He was accepted with alacrity by both
prosecuting and defending attorneys.
James Munther was excused for cause,
and so was Daniel Ullman. John Carroll
was against capital punishment on general
principles, so he suffered the same fate.
James Higgins and A. j. Ziegler were also
excused because of prejudice. while Abra-
ham Coleman said he had formed an
opinion on the case so strong that nothing
earthly could shake it,
Armand GGurdop said he had never
even heard of the case In consequence he
was accepted. but when the panel had
been exhausted Brannan was peremptorily
challenged by the prosecution and Gour-
don by the defense, so that no jurors as
yet have been definitely accepted. A
special vepire is ordered for 2 P. NJ. to-day.
Meanwhile, the prisoner denies em-
phatically the published report to the
effect that be complained of the persist
ence of San Francisco detectives. notably
where he was stated as accusing them of
''railroading" him to the galows. Fred
ericks stated yesterday that be made no
such accusation, and that. on the contrary,
he had been very fairly treated.