The San Francisco call., 1895-08-02

MIR. Nathan stated again that he had
read but very little concerning the case, as
be had beeen in the mountains for the past
five weeks. He had, however, formed an
opinion on the case and had 1T still.
at would require evidence to remove
that opinion, would it, Mr.. Nathan?"
asked Mr.. Deuprey.
"Yes, SIR
"And strong evidence at that2"
"Yes, sir; strong evidence at that"
"We challenge the Juror" said Mr.. Deu-
prey, particularly on the ground that he
has formed and expressed en- opinion on
the matter"
The prosecution denied the challenge
and Mr.. Barnes proceeded to question Mr..
Nathan further.
Did understand you to say" he asked,
"that the opinion that you had formed
was based upon what you had read in the
newspapersP
"And upon that alone," was the reply.
"And that you do not recollect having
read the testimony given at the Coroner's
inquest or at the preliminary examination
in the Police Court?'
Eyes, SIR"
"Now, can you and will you, notwith-
standing such opinion or impression, act
fairly and impartially on the evidence to
be submitted to you in this case, if you are
sworn as iuror?"
eyes, sir"
"You can and will?"
eyes, sir; i will"
"You say that you would" said Mr..
Deuprey, "but can your"
Il can, SIR"
''Do understand you to say, as to the
guilt or innocence of the defendant, and
the opinion you now hold, that you could
cast it aside"
"I could, sir"
Suppose you stood here charged with
this crime, would you like to be tried by
twelve jurors holding the same opinion as
you hold now?"
~ would, sir. trust myself in their
hands,"
In answer to questions propounded by
Judge Murphy the juror stated that what
he had read in the papers of the testimony
given at the Coroner S inquest or before the
committing magistrate had nothing to do
with the opinion he now held.
"As 1 understand you," continued his
Honor, ''you formed your opinion from
reading the newspaper accounts almost
Immediately after the discovery of the
bodies, and you have not followed the mat
ter up since and not discussed it since?'
81 have been out of the City"
"Now, | understand you TO say that YOU
sworn as juror, lay aside any and all
effect that the opinion may have upon
your"
eyes, sir.''
'And decide the case solely upon the
evidence you will hear in this matter?'
"Just as if | had never read anything at
ALL" '''-
"And you have perfect confidence in
your ability to do so2''
eyes, sir; have"
"The challenge is disallowed," said his
Honor, and the defense noted an excep-
ton.
A recess was taken till 2 O'Clock, at
which time the examinations were re-
newed. A. Stetson, secretary of the Cali
fornia-street Cable Railway Company.
being the next venireman called. He
stated that he would be unwilling to stand
for verdict on circumstantial evidence.
lie was challenged for cause by the State
and the challenge was allowed.
W.. +. MEME, proprietor of the Park
Hotel, 70 Turk street, answered the ques-
tons OF the prosecution satisfactorily and
was passed by Mr.. Barnes. Upon exam
nation by Mr.. Deuprey it developed that
would take the strongest kind of evidence
to remove. He was challenged by the de-
tense and the challenge was allowed.
George w. Sweetser of 127 Ivy avenue
was excused for the same reason. This
exhausted the list of veniremen in the box,
ana the State announced that 1T did not
care to interpose peremptory challenge.
I'VE excuse Mr.. Ackerman," said Mr..
Deuprey for the defense, "and we renew
our challenge for cause as to Mr.. Nathan"
That has been passed upon once" said
Judge Murphy. "Have you peremptory
challenge to interpose as to him?''
mo, sir; we do nothing more than read
our challenge for cause and let the excep-
ton be taken.'
Mr.. Nathan was then sworn to try the
case, making six jurors, being half Of the
number necessary to try the case.
The court then ordered six other names
drawn from the box. Clerk Morris called
nine, but received responses for only four.
The court then ordered attachments issued
for the derelicts, returnable Monday morn
ing at 10 o'clock. He then ordered the
clerk of the court to appear with the trial
jury box, to draw therefrom 800 names of
citizens to serve as jurors on the case, 100
returnable Monday morning, 80 on Tues
day morning. 100 Wednesday morning and
80 Thursday morning.
The jurors sworn and the four venire-
men in the box awaiting examination were
cautioned by the court as to their conduct
and the case was continued till Monday