The record-union., 1896-04-16
MURDERER RATEN'S SANITY.
Il Is Being Inquired Into by a Jury Of
Twelve.
A Stockton Experts Estimate Of the
Man-Says He is Born
Criminal

When Judge H1nkSOnS court opened
yesterday for the resumption Of the trial
Of Simon Raten for the murder of Ku-
wana, one of the japanese killed near
Arno a few weeks ago, the jury was
dismissed until 10 o'clock this morning.
The attorneys engaged in the case
were then informed that jury would
be summoned to hear evidence and de-
termine the question of the prisoner S
sanity.
Raten's counsel asked the court to ap-
point an elsor to select the jurors, as
Sheriff Johnson was deeply interested
In the matter of securing the convic-
tion of the prisoner and must Of neceS-
sity be more or less prejudiced against
him. Hiram w. Johnson, in pressing
the motion, said that Sheriff Johnson
firmly believed in Ratens guilt, and he
thought that some wholly disinterested
person should be charged with the duty
of selecting the jury. He did not say
this by way Of criticism of Mr.. john
son, for it was the latter's duty, be-
lieving the defendant guilty Of the crime
charged against him, to have been jeal-
GUS in the matter Of securing testimony
for the prosecution.
District Attorney Ryan opposed the
motion for the appointment of any
person other than the Sheriff or one of
his deputies to perform that duty. There
was no danger of any partiality being
shown
Judge Hinkson said he recognized the
fact that Sheriff Johnson was a dill
gent and faithful officer, but he wished
to guard the proceeding against all
possible objections that might be found
by the Supreme Court, should the case
reach that tribunal. The Sheriff would
be placed in a delicate position should
he exercise the duty of selecting the
jury, and if he (the courD were in that
officials place he would not like to
serve under the circumstances.
ELISOR CLARK.
Therefore, in order to meet any posi-
BILE objection that might be urged
against the propriety Of the Sheriff sum-
moning the jurors who were to deter
mine the question of the prisoners san
ity, he would grant Mr.. Johnson's mo-
ton.
The court then named Coroner George
Fl. Clark as eIisor to select the jury, the
venire for thirty talesmen to be return
able before 80 p. M, to which hour
recess was taken.
When court reconvened and the first
panel of twelve talesmen had been
sworn, Judge Hinkson asked District
Attorney Ryan and the lawyers for the
defense how many peremptory chal-
lenges they considered each side enti-
tied to. He found the codes to be silent
on this point, and was uncertain as to
what had been the rule of the court in
the past.
Mr.. Johnson said he believed that
four peremptory challenges for each side
had been the rule, and cited a similar
proceeding in the Kovalev case wherein
that number was allowed.
The District Attorney said he be-
Heved that was correct, and agreed, on
behalf of the People, to that PROPOSE
ton. It was also agreed that in other
respects the examination and selec-
tion of jurors to try the issue should be
conducted under the ordinary rules.
When the court stated formally that
each side would be limited to four per-
emptory challenges. Mr.. Johnson said:
1--WE desire to enter an exception"
BRIEFLY STATED.
District Attorney Ryan then began
to state to the jurors the features of the
case, but when he said the prisoner
was charged with the murder Of a
japanese Mr.. Johnson objected. He
said the issue was the sanity or in
sanity of the prisoner, and nothing else
But" said the District Attorney, Il
thought I was to state to the jury the
facts of the situation"
The court sustained Mr.. Johnson's S
objection, however, and Mr.. Ryan
asked:
Then there is nothing further for
me to state to the jury?"
Nothing" replied the court, land
the District Attorney sat down 1t was
probably the briefest statement Of a
case ever made to a jury.
The examination of the jurors was
then proceeded with, and in every In
stance they were examined by the
prisoners counsel as to whether or not
they knew of the murder with which
Raten was charged, and II they had
formed any opinion as to his guilt
Some of the jurors seemed TO be under
the impression, judging from their re-
plies, that they had been called to try
the murder case.
TOO MANY OF THEM.
Herman Steinmann was excused be-
cause he held TO the somewhat startling
opinion that any person guilty Of MUIR
der, whether sane or insane, should be
hanged.
IF more of these insane persons who
have committed murder had been put
out Of the way said he" there would
be less crimes of that kind"
GOTToRFSKY FORGOT.
Juror NJ. Gottorfsky was about fif-
teen minutes late in reaching the court
room, though he was not one of the
first twelve called. He was escorted
into court by a Sheriffs deputy in time
to be examined after several talesmen
had been excused, and finally became
one of the chosen twelve to sit In the
case.
When asked by the court what excuse
he had to offer for his tardiness, he re-
piled that he was busy In his store and
had forgotten the verbal summons to
be in court at 80 o'clock The court
said that was not a valid excuse, and
fined him So.
1t was after 3 O'Clock when the yenire
was exhausted, and there We're yet two
or three vacancies to be filled, so O. re-
cess was taken until 4 O'clock and the
elisor directed to bring in another
batch of talesmen.
TAKING NO CHANCES.
When the panel had been completed
and the court instructed Clerk Lands
borough to swear in the Jurors. Mr..
Johnson said his side desired to exer-
else further challenges
How many have you used?" asked
the court.
-Four" replied Mr. Johncon "yya