The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-06

Deuprey seemed to be unable to get him to
say anything positively one way or the
other and the court took him in hand.
Suppose" said his Honor, "a case was
brought to you, sought to be proven en-
tlrely by circumstantial evidence; and,
suppose that 20 circumstances were neces-
sary to show that crime had been COM
mitted and the party accused was guilty
of the crime-in other words, complete
chain of twenty circumstances. Now,
supposing, when you got down to circum-
stance No. Is, you would say to yourself,
Il do not know; the proof is not strong
enough on that point. / have reasonable,
conscientious doubt about that. l am not
satisfied that that fact is proven; and
that fact is essential and necessary to
complete the chain so that it will be sa It's
got to the fifteenth fact in that chain, or
the fifteenth link, you had reasonably
fair doubt about that, that would break the
chain, would it not?'
Yes, sir, was the answer.
Now, if you had a fair, reasonable doubt
about that fact, which constituted the fif-
| teenth link, and you could not say, on your
conscience as a man, that you were salts
fed of the truth of that fact which was an
essential fact and necessary to make the
chain complete--would you not follow the
| instruction of the court that told you, if
you had reasonable doubt about the fact
and that 1t was a necessary and essential
fact to make the chain complete, your
duty would be to acquit him, would you
follow that instruction, although you might
be satisfied of the nineteen others?"
II think would bring In a verdict of
acquittal, if was satisfied conscientiously
about it.
The court battled with Mr.. Euler for ten
minutes longer, and then turned him over
again to Mr.. Deuprey. The venireman
could not make up his mind that a little
thing like missing link would worry him
at all, and Mr.. Deuprey was in despair,
when Mr.. Euler opened a way oIt of the
difficulty.
lin case Of circumstantial evidence"
he said, II could not conscientiously gi We
verdict of death, unless 1 would be in
favor of the second degree. / could nc
agree on circumstantial evidence on q ver
dict of DEATH"
"Why didn't you say that long ago?"
numbered the Judge. 'The challenge is
allowed"
And Mr.. Euler left the box, the crowd
wondering what he meant by death in
the second degree, tie attorneys discover
ing meanwhile that he had positively.
stated in the beginning that he had no.
scrupies in finding verdict carrying the
deatn penalty on circumstantial evidence.
rive more veniremen were called chaI-
lenged for cause and excused in rapid
order: as follows: w. A hrens, a grocer al
20l Diamond street. had prejudices against
clrcumstantial evidence Victor Marsh.
o5l Hayes street, had strongly developed
opinion; +. Person, 1884 Pine street, was
similarly incapacitated; ]. H. Schroeder,
Z4o0 Washington street. would not convict
on circumstantial evidence; and P Mona
han had such an opinion as would require
the strongest evidence to overthrow.
Two more drawings of five each were
made from the box and the ten veniremen
were excused in rapid succession, for
cause. as follows: Claus Sch watz, G.. p.
Ke1ford, o. D. Baldwin. J. N. Mallet, P.
}. Smith, c. L. Baker, J. d. Siemers, Aug
ust l.. Strauss. T. r. Dunn and George
Robinson.
This exhausted the panel, with the ex-
ceptlon OF Thomas kirkpatrick, upon
whom Mr.. Barnes and Messrs. Dickinson
and Deuprey had held consultation. Mr..
barnes announced that counsel for both
sides had agreed to excuse Mr.. kirkpat-
rick. The court allowed the excuse. Mr..
Barnes stated later that Mr.. Kirkpatrick
was client of Mr.. Deuprey's and it was
thought 1t easier to excuse him by consent
than to keep him i'll court awaiting ex-
animation.
Before court adjourned Judge Murphy
admon!shed the jurors and the proceed
ings were allowed to rest until this morn
Ing at 10 o'clock, when fifty more vanire.