The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-29
THE COURT PROCEEDINGS.
Another Day Spent in Hunting for the
TWalfth Juror,

Twelfth Juror,
In the court proceedings of the Durrant
case the whole day was spent yesterday in
questioning talesmen, but the entire venire
of seventy-five good and true citizens was
exhausted without the discovery of the
much desired twelfth juror.
Immediately upon the opening of court
the procession of talesmen who wished to
avoid jury duty formed before Judge Muir
phys desk, and his Honor's face assumed
that wearied expression which has become
customary on these occasions. He enun-
ciated his usual witticism about merchants
who become suddenly very shorthanded
when they are wanted for jury duty, and
then settled himself back in his chair to
listen to the excuses. They were of all
sorts. One man feared he might go to
sleep. Two or three suddenly discovered
they were not American citizens. A few
were deaf, but not too deaf to hear his
Honor's whispered remonstrance. Alto
gether twenty were excused, and as ten OF
those summoned failed to put in an ap-
pearance only forty-fye names were placed
in the wheel.
Before the names were drawn Attorney
Deuprey challenged the entire venire on
the ground that it had not been shown
that the trial jury box in which 5000 names
had been placed on January had been
exhausted. Judge Murphy denied the
challenge with the remark that he was not
aware that the court was required to 60 to
the trial jury box for jurors at all, and
that he might legally have ordered jurors
drawn from the county at large In the
first place.
During the day only two talesmen sat in
the box who seemed at all likely to prove
acceptable jurors. They were Edward
Peabody and Peter Schlagel, and both were
finally peremptorly challenged by the
defense. Peabody stated after quarter of
an hours questioning that he would give
the testimony of a police officer on the
stand more credence than he would that of
the defendant Schlagel answered all
questions satisfactorily, SO far as an out
slider could Judge, but he was nevertheless
excused. The list of the other talesmen
called and the reasons for their rejection IS
as follows:
E. Magner could not infict the death penalty
on purely circumstantial evidence.
II. w. Lette had an opinion.
F. B. Peterson had been introduced to Dur
Somers, and had also formed an opinion
]. McDonough Jr. had formed an opinion.
H. w. Riley had an opinion.
HI. Rothschild had an opinion.
H. Smith had an opinion.
w. D. Meyer had an opinion.
w. ]. Murray's initials were transposed on
the slip OF paper drawn from the wheel, and
Deuprey objected to him on the ground that
his name was not the one drawn. The objec-
ton was overruled, but the talesman deVel-
oped strong opinion and was excused.
A. Rosen berg had an opinion.
E. J. Gallagher had an opinion.
S. Levy had an opinion.
Joseph Levy was too deaf to be acceptable as
juror.
E. H. Kowalsky, father of Attorney Kowal-
sky, had an opinion which no evidence could
remove.
William Lewis had an opinion.
P. J. Norman came in late. His name was
put into the wheel, but CHANGED to be the next
one drawn. He developed an opinion and was
excused, the whole time of his attendance on
the court not exceeding fifteen minutes.
]. 2. Turney was too deaf to be acceptable as
juror.
E. 0. Deming had an opinion.
Mr.. Lawrenson was deaf
NJ. Meyerhoff would not in1fct the death
penalty on eircumstantial evidence.
E. Chadbourne had an opinion which could
be removed only by strong evidence.