The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-23

| naQ an opinion winch WOulu lake cViucnCc
to remove. The challenge was allowed.
Warren Dutton of 1923 California street,
a retired merchant, was next taken in hand
by the District Attorney. He answered
all the questions of the prosecution salts
factorily, stating that he knew neither the
defendant nor any member OF the family
In answer to questions by Mr.. Deuprey he
stated that he had read what purported to
| be the testimony taken before the police
magistrate and had formed an opinion as
to the guilt or innocence of the defendant.
Have you that opinion now?" asked
Mr.. Deuprey.
81 have, was the answer.
Is it of very positive nature?"
"Well, until / hear the evidence in the
case have that opinion yet"
would you be in that state OF mind
that it would require strong evidence to
remove your opinion before you could be
in an impartial state of mind as to this
charger?
81 think I could lay the opinion aside
and hear the evidence" was the reply.
land be guided by the evidence and that
alone?"
"And that alone"
"You would endeavor as best you knew
how to cast this impression aside and be
guided solely by the evidence?"
~ would"
"And take the instructions Of the court
as to the nature and character of the law
that should guide you in weighing the evil
dence ?"
eyes, SIR"
In answer to further questions Mr..
Dutton stated that he viewed circum-
stantial evidence, if it was connected, as
the very best form of evidence. He recog-
| nized, however, the liability of perjury and
the wrong differences a Juror was likely to
draw from such class of evidence. He
was also firmly of opinion that circum-
stantial evidence should be taken with the
| greatest amount of caution.
'Mr. Dutton," said the District At
torney, ''if by the evidence presented to
| you here in court you become satisfied of
the guilt of this defendant would you find
your verdict accordingly and not be swayed
from your verdict by any feeling of SYM
pathy or sentiment or compassion for this
defendant or any member of his family 2"
mo, sir" was the reply.
"And if" said Mr.. Deuprey, "after you
were sworn as a juryman and your eyes
should light upon the headlines of an
article In the newspapers that seemed to
be against the defendant, or if there was
any possible influence suggested through
the Police Department, you would not be
swayed either, would you?"
mo, sir" said the witness.
"Gentlemen," said his Honor, "what do
you say to Mr.. Dutton? The peoples
challenge first"
1--WE are satisfied" said Mr.. Barnes for
the prosecution.
Mr.. Deuprey then asked the venireman
II he were not acquainted with Judge
Thompson. Mr.. Dutton replied that he
was through some litigation in Petaluma
bank in which Judge Thompson had rep
resented Mr.. Van Doren, who had evil
IDENTIFY been opposed to Mr.. Dutton. This,
however, he replied in answer to ques-
ton, would not influence him in weighing
| the evidence in the case.
we are content with Mr.. Dutton," said
Mr.. Deuprey.
Swear the juror" said Judge Murphy,
and the ninth man raised his hand and
was duly sworn to try the case.
! Charles Gay stated that he had very
decided opinion on the case, and was chal-
lenged by the defense. The challenge was
allowed
c. Nobman was challenged and excused
| on the same ground, as was also y. A.
Cashier. s. Mendelbaum, ]. B. Whitney,
w. ID. Hogro and A. II. Aubln.
+. l.. Mccormick and A. Meyer stated
that they would not consent to verdict
involving hanging where the evidence
was clrcumstantial. They we both chal-
lenged by the prosecution and excused.
E. w. Butcher was excused by reason OF
the TACT that he had a strong opinion on
the case; and G.. O. Staacke because he
would not hang man on circumstantial
evidence.
ii. ii. Hartmann stated that he had such
an opinion on the case that strong evidence
would be required to remove it. He was
challenged by the State and excused,
whereupon the court took recess until
o'clock.
The courtroom was cleared and rush OF
people was made to the stairway to see
the prisoner come out on his way to the
jail For an hour, some of them waited,
but he failed to appear. He was safely
| guarded in the ante-chamber to the court
eating the lunch ordered for him by his
father, safe from prying eyes till court re-
onvened. This concession was granted