The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-06
Still Another Juror Secured in
the Person of Horace
Smyth.
WAS IN THE TYRRELL CASE
Fifty More Veniremen Have Been
Summoned to Appear This
Morning.
THE DURRANT CASE IN A MINUTE-BRIEF

REVIEW OF THE PROCEEDINGS.
After examining nearly forty veniremen
yesterday one more juror, making the sew
enth, was sworn to try Durrant His name is
Horace Smyth and his residence is 2127 Brod-
erick This makes the jury SO far secured as
follows:
Thomas W. Sieberlich.
Irwin J. Truman.
Nathan Croker.
NJ. r. Dempster.
Walter s. Brown,
C. P. Nathan.
Horace Smyth.
Fifty more Veniremen will be examined to-
daY.
A crank made two wild rushes at Durrant in
the corridors after the noon recess, but was
pulsed with several kicks from Chief Jailer
Sattler The prisoner took matters easily and
made no comment on the attacks. The assail-
ant escaped.
RumOrs were af1oat that an attempt to TAM
per with jurors had been made, and that the
officials had taken precautions against such
proceeding.
Durrant walked into a crowded court
room shortly before 10 o'clock yesterday
morning, after he had stepped out of Chief
Jailer Sattler's buggy. He had lost some
what of the color which he had recovered
during the days when he had been in the
courtroom and his eyes were trifie watery
in appearance. There were several celebri-
ties besides himself present as Judge Muir
ply opened court, and the early callers
were fully rewarded for their curiosity.
r. H. Mcdonald Jr. of the Pacific Bank
occupied a seat within the bar, his wife
and two children around him, while Man
ager Daley of the Alcazar, who had man.
70 eh infa in ho I'm M
trial in the days when the court was wait
ing for more veniremen, sat by himself
and ruminated. Playwright r. G. White
was also in evidence, anxiously watching
the movements of his attorney, Carroll
Cook.
Judge Murphy inquired if there were
any motions to be made, and Mr.. Darwin,
attorney for Mcdonald, stated that he
wished his clients case to go to trial at
once. The District Attorney, not being
present, the court continued the matter
for two weeks, and the McDonalds, Dick
and his wife and the two children, waited
out of the courtroom. This being settled
Mr.. Deuprey suggested to the court that
the matter of contempt in the case of
White had not been settled.
I'm that matter" said the court, ad-
dressing Mr.. White, II have concluded
that while, perhaps, you are technically
guilty yet l do not feel that wish to i'm
pose any penalty on you. Mr.. Daley ap
pears to me to be the responsible party in
this matter and, therefore, have con-
Guided to dismiss the proceedings as far as
Mr.. White is concerned"
1t was so ordered and Mr.. White speedily
made his departure from the forum and
the Durrant case was then taken up, the
court excusing forthwith William r. Sher-
wood and R, J. Techau on doctors certifi-
cate of illness and Harry Lask because he
was notary public.
The names on the new venlre were called
by the clerk, many being found miss
ing, and any number lining up to the desk,
at the suggestion of his Honor, to make
their excuses. The following were excused
for good and sufficient reasons: A. B.
Flagler, ". ". Erskine, Il. Eggers,, H.
Kuhn, F. D. Oliver, |. B. Cook, J. F. Faber,
H W. Hull, ]. f. Mitchell, c. Waldemar,
William Newhall, B. Fossass, Ed A.
O'Connor, w. H. Blaney, J. G. Graham,
W. A. Dittmar, H. G. Wilson, E. K.
A1dridge, w. S. Gage, A. L. Strauss, J. a.
Britt, Emil ]. Feavatier, G. Burger, l. S.
Merrill, l. r. Kinkaid, J. L. Mclaughlin,
George Schmidt, B. Comerford and ]. B.
Lauder.
H. Deckelman, one of the men called to
the box on the old venire, for whom an at
tachment had been issued, appeared in
court and convinced his Honor that he had
been excused until Thursday. The court
GQeQ announced IQaD II Q3Q received q Lele-
gram from the District Attorney announc-
ing that the latter would not arrive until
II o'clock, and recess was ordered until
that time. With it came Mr.. Barnes who
looked little bit sun-tanned, and the Jury
box was ordered filed with veniremen.
The examinations were then begun.
F. Ripe OF Twenty-fourth street testi-
fed that he had no conscientious scruples
as to the infection of the death penalty,
but he was unUtterably opposed to con-
victions on circumstantial evidence. He
was excused on the challenge of the Dis
trict Attorney.
R. G.. Atkins of the firm of Orr &
Atkins satisfactorily answered the ques-
tons put by the prosecution, but on ex-
animation by Mr.. Deuprey stated that he
had formed an opinion which it would
take strong evidence to remove. He was
challenged for this reason and excused.
Peter Jacobson of 2122 Mission street also
developed a very strong opinion on the
case, and was challenged for cause and
excused.
J. Moran of "a Erie street stated that he
had conscientious scruples against the in
fiction of the death penalty, and was
challenged and excused.
B. Faymonyille, the insurance man, was
the possessor of an opinion which could
only be removed by the strongest kind of
evidence. He was challenged by the Dis
trict Attorney and allowed to depart. L.
Schoenfeldt, residing at 366 Grove street.
was challenged on the same ground. The
challenge was allowed.
Six more veniremen were called to the
box and sworn, and the examinations con-
tinued.
D. L. Munsen of 1913 Howard street gave
every promise of making desirable Juror
ere half a dozen questions had been asked.
He safely passed the greater part of the
examination of the prosecution only to be
challenged at the last for a strongly de-
veloped opinion. The challenge was
denied by Mr.. Deuprey, but after few
questions as to whether or not the venire-
man knew Captain Lees, to which he an
swered negatively, the challenge was
allowed and he was excused.
r. G. Davis of 2126 Vallejo street ad-
mitted that he was connected with the
Sterling Furniture Company, in which
company's warehouse the District Attor-
ney's. household goods are at present
stored, but stated that he had no conscien-
tlous scruples against the inf1iction of the
death penalty. He had formed and ex-
pressed an opinion, however, which only
the strongest kind of testimony could re-
move, and be was challenged and excused.
II. E. Hall of the Colonial House stated
that he could not bring in verdict which