The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-11-06
THINKS KOVALEV MAY Be INSANE.
Lawyer Anderson May Object to His
Being Tried.
The Jury Was Completed Yesterday
Talesmen Who Were Opposed to
the Death Penalty.

A jury was secured yesterday to try
| Ivan Kovalev, the Russian ex-convict,
! for the murder of Mr. and Mrs. +. ii. Il.
| Weber in December last, and interest in
| the trial will increase from now on. The
| attendance yesterday was small, owing
to the fact that the city election had the
greater attraction for most persons.
Kovalev sits in his chair more like one
dead than alive, and he seems 10 take no
interest whatever in the proceedings in
which his life is involved. w. a. Ander-
sou, one of his attorneys, says his client
is declining by degrees, both physically
and mentally. and may die or become
hopelessly insane before many days.
Up to short time before court ad-
journed at noon yesterday nothing of un-
usual interest occurred. Senator Hart
challenged talesman James *. McKinstry
of Elk Grove, who stated in reply to
questions propounded by the attorneys
Tor the defendant that he had read IN the
newspapers OF Kovalev's escape from
Siberia. Ii it were shown that the de-
fendant had been imprisoned on criml-
nal charge. and had borne criminal
record before being arrested for the
Weber murder, he would be influenced
in degree against him.
During the morning session the follow
ing jurors were accepted and sworn to
try the case: Thomas NJ. Bittancourt E.
TooIney. James Robinson and L. /. Lit
tlefield. William \. Upton of Elk Grove,
who had been accepted as juror on
Monday, was excused on account OF
sickness in his family.
The following talesmen were excused
during the morning session by the de-
tense: George w. Logan, j. Ii. kno wles,
Henry Frey, w. w. Coyle and. VIM. a.
Wall. The prosecution excused none.
When court convened in the afternoon
the examination OF taiesman Mckinstry
was resumed. lie reasserted that he
would be influenced adversely to the de-
fendant ii il were proven that the latter's
record was OF a criminal nature. This he
qualified by saying that he would con-
slider nothing but the evidence in the case
in the event OF his being accepted as
juror.
Kovaley's attorneys insisted upon the
challenge. The court refused to grant 1t,
and the examination of the next tales
man was commenced. Later on McKins-
try was excused by the defense.
II. Lagos, a grocer. John Latham and
Michael Rhodes, hotel proprietor, were
opposed to the death penalty, and were
excused.
Shortly before O'CLOCK tn6s twelfth
juror, in the person of Myron II. Huff,
was secured, and the Jury now stands: Nj.
II. HUFF, b. +. Fitch. w. II. Luther, ID.
w. Crabb. G. J. Atwater, NJ. l.. Jones,
Emil Gross, George Muddox, Thomas NJ.
Bittancourt, l.. Toomey, L. Z. Littlefield
and James Robinson.
Immediately after the jurors were
sworn Atwater. who was fined So by
Judge Johnson in the morning for being
late, explained that his hardness was
caused by the failure of friend TO call
him at a certain hour. He stated that he
kept his store open until late hour
Monday night, and had left instructions
| to be awakened in time to be present in
court at 10 O'Clock. Judge Johnson
deemed Atwater's explanation satisfac-
tory, aud RENTED the fine.
! District Attorney Ryan suggested an
adjournment until this morning.
Clerk Pfund was about 20 read the in
dictment to the jury, III obedience TO the
courts instructions, when Major Ander-
son asked that no further action be taken
until this morning, as be desired to max Q
motion which he said might conflict
with any action taken before that time.
! Judge johnson then admonished the
! jury TO observe the usual instructions
! given by the court, and ordered a recess
taken until 10 o'clock this morning.
! 1t is said that when court opens this
morning Major Anderson will ask that a
jury be appointed to inquire into the
| condition of KovRlev's mind. He claims
that his client is in no condition to go to
| trial.