The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-26

there to avoid jury duty in San Francisco.
Il ind, said the court, 'many citizens
OF San Francisco who get the benefit of our
Fire Department and our police protection
and who move across the bay just to avoid
jury duty
sire to avoid the duty, and he was ordered
to take his seat. Several others were ex-
cused and the court was about to take a
recess when General Dickinson arose.
II would like to have an order of court,
be said, directing that the exhibits at
tached to the testimony as taken on the
preliminary examination, and now in the
property clerks possession, be now placed
In the possession of the clerk of this court
for the convenience of counsel"
II object" said the District Attorney.
II do not think your Honor has the power
to make any such an order"
81 shall decline,' said his Honor, sto
make the order at the present time.'
recess was then taken until 2 o'clock,
and when court was called to order at that
time every seat in the room was filed.
After some little delay caused by the tardi-
ness of General Dickinson, for which Judge
Murphy read him a short lecture on mill
tary promptneSs, the case proceeded. 1t
did not proceed far, however.
Mr.. Durrant,' said the court, at which
the prisoner rose to his feet and faced the
BENCH while somebody said "Sit down."
1--WE are now about to proceed to call
Jurors to try this case, and the law enjoins
upon me the duty of informing you that If
you intend to challenge any juror you
must do so when the juror appears and
before he is sworn"
Durrant took his seat. Mr.. Deuprey
asked for few moments delay, awaiting
the arrival of General Dickinson, and was
making an earnest plea in that direction
when the latter walked in.
81 cannot delay when counsel are dila-
tory" said Judge Murphy, land 1 hope
that from the military experience and
knowledge the general has he will be
promptly on hand in the future"
Messrs. Deuprey ard Dickinson held a
short consultation, when the former adj
dressed the court stating that the defense
desired to challenge the entire panel on
the ground that the list of trial jurors had
not been selected or returned as required
by sections 204 and 209 of the Code of Civil
Procedure; that it had not been drawn in
accordance with sections 2l4, 215, 219 and
900 of the code; that it had not been sum-
moned in accordance with the provisions
of sections 225, 226, $50 and 232, and that
it had not been impaneled according to
the provisions of sections 246 and 247.
Mr.. Deuprey offered in evidence the
minute-books of the Superior Court con-
tanning the order of the Judges in bank of
January 7, 1895, with reference to grand
and petty jurors. Mr. Coffroth secretary to
the Judges. was sent for and produced the
minute-book and was himself placed on
the stand. He read an order for the selec-
ton of 5000 petty and IA grand jurors for
the year. Questioned closely by Mr.. Deu-
prey he admitted that beyond that he had
made no other entries. Judge Murphy
questioned as to what had actually &C.
Cured in pursuance of that order, but
General Dickinson objected on the ground
that the record was the best evidence.
Judge Murphy was plainly annoyed at the
failure of the secretary to write up the
minutes of the Judges meetings and told
him so plainly.
Mr.. Deuprey then called for the list of
5000 petty jurors selected. 1t was ascer-
tanned that it was in the County Clerk s
Office. A messenger sent there came back
with the information that the list was in a
vault, of which only Mr.. Piper the chief
deputy, had the ombination, and that Mr..
Piper could not be found. The court or
dered a recess of fifteen minutes, at the
end of which time County Clerk Curry
appeared and informed the court that Mr..
Piper was out of town and would not re-
turn until evening.
The Judge said something about the ne
cessity of Mr.. Piper's being in his Office
when needed, and ordered Mr.. Curry to
produce the list in court this morning, Mr..
Piper or no Piper, and then ordered an
adjournment until this morning at 10
o'clock.