The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-06
"I think Just six years next Christmas

81 think just six years next Christmas
night"
He was questioned as to his business
connections, and stated that he had none,
except a son-in-law, who was the agent
and manager here for the Colt Manufac-
turing Company.
Have you read much about this case in
the papers?"
"Well for the first day or two it was in
the papers read a little of i'll confess
my inability to go through the whole of it..
have taken little interest in it since"
when it came to that portion of the
publication in relation to what was testi-
| fed to before the Coroner's jury and the
committing magistrate, did you read any
of that?'
81 do remember that I didn't read a
word of it."
"Have you discussed the subject-matter
of this charge from what you have read in
| the Newspapers
"Well, I have been talked to about it,
and have considered it on my part by
saying that it was very unfair to form an
| opinion about it. I come mere entirely
| clear from any opinion in the case from
beginning to end"
"Then you are, at the present time, en-
tirely free from any opinion?"
81 am"
"Have you any acquaintance with the
detective force of this city?"
Luckily, 1 have not" came the reply,
at which the audience broke into an au-
| dible smile.
"Have you any acquaintance with mem
bers of the Police Department."
mo acquaintance whatever"
'Do you know of any reason, Mr.. Smyth,
| that would prevent you, If sworn as a
juror, from fairly and mpartially trying
this case as between the State and the de-
fendant?"
mo, sir; there is no reason"
GAS l understand it, you would take
c1rcumstantial evidence with great deal
of caution-more caution than would be
given to direct evidence?" asked Mr.. Deu-
prey.
Certainly" said Mr.. Smyth.
"ln other words, if you are charged by
the court that great care and caution
ought to be used in drawing differences and
proving facts, you would be guided by that
suggestion of the court?"
Certainly, I would"
'And if you were instructed that the in
ference must be fair and natural and not
forced, and that you must not draw any
artificial conclusions; and that the infer
ences to be drawn from the facts must be
natural ones amounting to moral GER
tainty-that is, that it is not sufficient that
they must be probable only, but must be
beyond reasonable doubt, would you so
find2''
Certainly"
"And if you had any reasonable doubt as
to any one essential circumstance, YOU
would be willing to resolve that in favor of
the defendant and acquit him if you were
instructed that it was the law?"
Eyes, SIR"
''In relation to evidence on identified
ton, do you look upon that as evidence to
be taken with the utmost caution and
liable to very grave mistaken"
eyes, sir.
1--WE pass the juror" said Mr.. Deuprey,
and the name of E. J. Hooper of 1913 Lyon
street was called. He stated that he had
no conscientious scruples as to the infiic-
ton of the death penalty, but would not
bring in verdict to hang a man on cir
cumstantial evidence, no matter how
strong it was. He was excused for cause.
This cleared the box of veniremen, all
but Horace Smyth.
"What will you do with Mr.. Smyth,
gentlemen ?" asked Judge Murphy.
1.-THE people are satisfied" said Mr..
Barnes, after moments consultation with
Captain Lees.
1.-THE defense is satisfied" said Mr.. Deu-
prey.
Then swear the juror to try the case"
said his Honor, and Clerk Morris admin
istered the oath, which made Mr.. Smyth
tie seventh juror secured in the case.
A recess was then taken till o'clock,