The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-27

the court announced that it was the privi-
lege of the State to exercise peremptory
challenge.
''When was that Bowen case tried, Mr..
Brooks2" asked Mr.. Barnes.
About a year ago"
After few minutes delay in which the
prosecution looked up the record, Mr..
Barnes announced:
1--WE are satisfied with Mr.. Brooks"
Satisfied" echoed MIR. Deuprey.
And David Brooks, the tenth juror, was
sworn to try the case.
Monroe Greenwood was called and did
not respond.
LET an attachment be issued returna BILE
forthwith" said Judge Murphy.
Mr. Sherwood, without being called into
the box, was excused on the ground of be-
ing a resident of Marin County.
n. B. Wuensch and NJ. Carey took the
two vacant chairs.
Mr.. Wuensch said be would not be will
ing to join in verdict of guilty on circum-
stantial evidence where the penalty might
be death. He was excused.
Mr. Carey said he had an opinion which
nothing could change. He was excused.
P. Hessler and ]. III. Babbitt took their
places.
Mr.. Hessler said he would not convict
on circumstantial evidence, and was ex-
cused.
J. H. Rabbit resides at 1915 Market
street. He is a blacksmith and carriage
maker doing business at 314 McAllister
street. He said he had no scruples against
the infection of the death penalty in
proper case, nor any prejudice against cir
cumstantial evidence.
care you acquainted with the defendant
or his attorneys, or Harry Morse2'
NO SIR"
"Have you sat before in criminal
case?"
ayes, sir; in Department 8, now Depart
ment II. l think it was the Lenterle
case"
He was passed by the prosecution and
Mr.. Deuprey examined him.
"Have you discussed matters pertaining
to this charger"
eyes, sir"
"And heard some strong opinions ex-
pressed?"
eyes, SIR"
"From what you read, or from discus
sions, have you formed or expressed an
opinion of the guilt or innocence of the de-
fendantp"
mo, sir"
as your mind entirely free?'
eyes, sir.
evidence and evidence of Identification Pr
with caution"
Mr.. Babbitt stated that he had no ac-
quaintance with the detective force, the
District Attorney, 9. G. Noble nor any
members of Emmanuel Baptist Church,
nor witnesses in the case. He said he
might know some of the Police Depart
ment.
sIf the defendant were called as wit
ness would you be ready and willing to
give his evidence the same weight as that
of any other witnesses"
eyes, sir.
"Would you be entirely bound by your
own opinion if you were chosen as a juror
in this case?'
THAT is what would be here for"
''If you were unfortunate enough to be
charged with crime would you be willing
to be tried by twelve gentlemen possessing
the same state of mind?"
"Yes, sir"
1--WE pass the Juror" said Mr.. Deuprey.
1--WE accept him." said Mr.. Barnes for
the prosecution, after moment of medi-
tation.
Mr.. Deuprey whispered to Detective
Morse and to the defendant and his
mother while Mr.. Barnes was thinking,
and said:
"We are content"
So the eleventh juror chosen, ]. H. Bah
bitt, was sworn to try the case.
C. Meyerstein said he had an opinion,
and was excused.
K. B. Soule said he would not convict on
circumstantial evidence unless it was very
strong, and he was excused.
f. w. Marvin was excused because he
said he would not under any circumstances
convict on circumstantiai evidence.
K. MCCLELLAN said he had scruples against
the death penalty, and was excused.
d. r. McNeal was excused because he
said he had an opinion.
d. Sherrin said he believed he could con-
yict on circumstantial evidence, but 1t