The San Francisco call., 1895-08-01

'T challenge" answered the attorney,
and it was allowed by the Judge.
Harry Newhouse, a retired merchant,
living at 1903 Larkin street, was challenged
by Mr.. Peixotto for his objection to the
death penalty on very decided grounds.
S. S. Holman, who lived near Polk street,
on Filbert, and who is connected with a
cycling journal, had no scruples against
the death penalty and did not know de-
fendant, but he had talked of the murders
frequently. He also had a strong opinion.
He was challenged by Mr.. Deuprey and
the challenge was allowed.
NJ. r. Dempster, commission mer-
chant, residing at 36 Glenn Park avenue,
was next examined. He said he was not
opposed to the death penalty on circum-
stantial evidence and that he had been a
juror in several criminal cases.
81 would permit a reasonable doubt to
govern me" he said, ''and in cases of mis-
taken identity would allow the greatest
latitude
Would you be willing to be tried by a
jury of men in your present frame OF
mind, asked Mr.. Deuprey.
Eyes, if they would be absolutely gov
erned by the testimony"
Passed" said Mr.. Deuprey.
w. F. Falls was challenged on ac-
count of his strong objection to the death
penalty on any grounds. The challenge
was allowed.
Mr.. Deuprey then peremptorily chal-
lenged Adolph Kline, who was excused.
Judge Murphy then admonished the two
new lurymen to preserve silence on the
case and not to permit themselves to be
governed by any outside influences, and
the court took a recess until clock.
When court reconvened the names of
eight other jurors were called and the ex-
animation proceeded.
oh -
mento street, answered that he had con-
scientious scruples against the infiction of
the death penalty. He was challenged for
cause by the prosecution and excused. w.
n. Chewing of 1900 Broadway was ex-
cused on the ground that he could not join
in verdict on .circumstantial evidence
where the penalty was death.
]. B. Griffin of 17141a Howard stated that
he had formed such a strong opinion on
the case that only the most conclusive evil
dence could shake it. He was challenged
by the prosecution and the challenge was
allowed.
Nicholas King, civil engineer and
draughtsman, residing at 2016 Baker street,
passed the examination of the prosecu-
ton, but in answer to questions by the de-
tense stated that he had formed strong
opinion. He was challenged for cause and
excused.
John Thode of the Albany brewery, re-
siding at 800 Waller street, was excused on
the ground that he was unalterably op-
posed to the infiiction of the death penalty.
w. G. Koch, 1916 Mason street, stated
that the state of his mind was such that
nothing could change it. The challenge of
the prosecution was allowed.
J. Fiegenbaum, 1905 Golden Gate ave-
nue., was challenged by the people and ex-
cused on his statement that he could not
find verdict on circumstantial evidence.
This exhausted the eight first called to
the box in the afternoon, and the court or
dered the clerk to draw more names. r.
Hochstader took his seat in the box in re-
sponse to the call, and the clerk announced
that his list was exhausted. Judge Muir
phv was viSib bly, annoyed at this.
II think" he said, 'that hereafter /
shall direct larger number of jurors to be
brought in"
The court then admonished the jurors
sworn to be circumspect in their move
mepts, and court was adjourned until this
morning at 10 o'clock.
After adjournment General Dickinson
and Mr.. Deuprey, for the defense, and Dis
trict Attorney Barnes for the prosecution,
withdrew to Judge Murphy's chambers,
where his Honor made an inspection of
the list of cross-interrogatories submitted
by the District Attorney to be propounded
to Charles III. Clark, the new witness for
the defense.
Since the first draft was made last Sat-
urdav the District Attorney had added
several other cross-interrogatories to his
list These were in reference to Clark S
connection with the American Import Tea
Company. Several of the interrogatories
were put directly as to whether or not
Clark had not had trouble concerning some
alleged orders from Black & Forrest.
These interrogatories werestricken out.
This morning the interrogatories and the
neutrality-suspicious. will be sent to Louis
G.. Farnum, 5 fremont street. Boston.
Mass, who has been commissioned to take
the deposition ofClark.