The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-30

of a person charged with cold looded
murder by circumstantial evidence?"
"Well, possibly could"
cumstantiai evidence than by direct evil
dence?"
ut seems to me I would. From the
state of my mind at present think l
could convict on circumstantial evidence.
"You have served on juries IN criminal
cases?"
"Neyer but one murder case, and that
twelve wears ago in Judge Cooley's court.
The defendant was sent to prison Tor life
on circumstantial evidence"
"Would you require the State to demon
strate the guilt of the defendant to any
greater extent than beyond reasonable
doubt"
~ do not suppose that circumstantial
evidence could be brought to demon
stration."
"How would it be as to your own mind?'
II should have to be fully convinced.
"Soy would with direct evidence"
"Direct evidence might not be so con-
fusing."
DO you think you would begin the trial
with prejudice or suspicion against circum-
StantiaI evidence as class OF evidence!
mo, sir"
The prosecution passed him for the time
and Mr.. Deuprey for the defense took him
in hand.
"Have you any acquaintance with mem
bers of the detective force?"
"Only in a general way. never heard
any of them discuss the case
''You recognize the mistakes that may
be made as TO Identification and the LA
bility to error in evidence as to identified
tIon?"
Eyes, sir"
"If the court should instruct you that
unless you were fully satisfied you must
acquit would you follow that Instruction."
Eyes, sir"
'iAnd if he should instruct you that if
there was one circumstance of the chain
unproven you must acquit, would you
follow that Instruction.
Yes. sir, if | was not perfectly satisfied
that the defendant committed the deed L
would acquit, of course"
IF the defendant were sworn as a wit
ness in his own behalf would you weigh
his evidence the same as the evidence of
any other witness and give him the full
appreciation OF his statements"
Eyes, sir"
do you know of any reason to prevent
you from fully and impartially trying this
case?"
This question furnished Mr. Dutton with
the first opportunity to state that he had
formed an impression of the case, which
If it might be termed an opinion, it was
not of the positive kind. And he said that
what impression he had was made up from
reading the accounts of the case that had
become an eyesore to him.
81 have no absolute opinion" he said,
land the only reason | have for not want
ing to sit on this jury is that my partner
Is on another jury and | would prefer to
be allowed to attend to the business"
This was in answer to a question by Mr..
Barnes, who had misunderstood an answer
to one of Mr.. Deuprey's questions.
Mr.. Dutton is with you, gentlemen"
said Judge Murphy; what will you do
with him2"
There was pause for several seconds.
The crowd of spectators turned their eyes
on the District Attorney. 1t was the
States peremptory challenge.
Satisfied, said Mr.. Barnes.
Satisfied quietly echoed Mr.. Deuprey.
"Swear him. said the court. And the
panel of jurors was complete.
General Dickinson moved the court for
an adjournment of the case till Monday in
order that counsel might have time to
prepare for the actual work of the trial and
the jurors given an opportunity to set
their personal affairs in order.
Mr.. Barnes Joined in the motion, saying
he believed the adjournment would really
expedite the trial.
Judge Murphy allowed the motion, and
after dismissing the veniremen whose ser
vices had not been required and admonish-
ing the sworn jury to be very careful to
darkness upon the merits OF the case
which is legal requisite pending the con-
clusion OF the trial. the court adjourned
till 10 o clock Monday morning.