The San Francisco call., 1897-04-21

People Seen at ths Second Day
Mr.. Mi3ehan was the twelfth Juror
temporarily passed and the box was now
filled. Judge Slack announced that per-
emptory challenge from the plaintiff s
side was at his time in order.
"On behalf of the plaintiffs we will e1-
cuse Jared c. Hoag," said Mr.. Pierson.
Mr.. Hoag was about to trip joyfully on
| his way when Mr.. Fooie arose and halted
him with the remark that he was not yet
Tree. Turning 10 the court Mr.. Foote said
he would ask at this stage OF the proceed
ing ruling as 10 the numb ber of peremp-
tory CHALLENGES the plaintiffs were TO be
allowed. Different issues were joined. he
| said, In bringing this action against Mrs.
craven and he argued that they were en-
titled to but single set of statutory per-
EN- ptories. He would oppose the chal-
lenge of Mr.. Hoag, he SAID, if the other
side attempted to divide these sues and
thus secure The advantage OF separate and
additional sets OF peremptory privileges.
! Charles S. Wheeler. who appears IN the
| case representing Miss Virginia Fair in
| intervention, arose and said that the issue
he was pleading for was wholly separate
and distinct from that of the plaintiffs
| proper and for that reason he claimed an
| lenging jurors.
Not at ALL" replied Judge Slack.
"Your intere is here in intervention are
in common with those of the other plain
tiffs The issues TO be passed upon by the
| jury are one and the same. You will be
| required to unite on the challenges"
I'VE ask that an exception be noted to
the courts ruling" said Mr.. Wheeler.
at is understood, them" said Mr.. Del
mas, addressing the court, THAI their
right 10 challenge is denied until they
| shall unte?"
Yes" replied Judge Slack.
Messrs. Wheeler, Pierson and McEnerney
held whispered conversation and then
| surrendered. They agreed to unite.
James Martinoni, q paste manufacturer,
| answered all of the necessary qualifica-
| tons as to non-acquaintance with the
| lawyers Cr litigants. Neither of the ques-
tioning attorneys troubled themselves,
however, 10 ask Mr.. Martinoni if he had
been reading about the case or had an
opinion, and both passed him. This was
a surprise to Martinoni as well as 10 9TH
ers in the courtroom, and seemed to be
particularly disappointing to the former
as well. He arose, and, addressing the
court. said he would like 10 go, ss he
feared that from reading the papers he
| had formed an opinion.
We'll. maybe they want you anyhow"
| replied Judge Slack, pleasantly. Il guess
you will have TO stay awhile
Another peremptory challenge, this
time on the part OF the defendant, was
now i'll order.
I'VE excuse Louis ]. o'Farrell," said
Mr. Delmas.
Joseph EzZolo was not familiar enough
with the English language 10 suit either
side and was excused by consent.
Harry Adler, who conducts the billiard
hall at s Eddy street, satisfied everyD body
because he was not on intimate terms
with any one concerned and besides was
in no way biased or preiudiced. He was
passed and the box was again filed.
I'VE challenge George w. Elder" said
Mr.. Pierson. but" he added, I'VE are not
united on this challenge"
Then it doesn't CO." promptly asserted
| Attorney Foote.
"You will have to unite, gentlemen, be-
| fore | will allow you that challenge" said
Judge Slack, addressing the attorneys for
! the plaintiffs.
! Messrs. Pierson, Wheeler and McEner-
| ney conferred again and then Mr.. Pierson
announced that they had united, so Mr..
| Elder was directed to leave the box
George H. Buckingham was subjected
| to quite lengthy examination at the
| hands of Mr.. Foote because he admitted
! that he hsd formed an opinion reg arding
the case that it would take evidences to
| eradicate from his mind. Still, Mr.. Buck
| lnn0am SdlQ ne WAS not pre- uQlCeU.
Gould you in your frame of mind give
both sides fair and impartial trial ?"
! asked Mr.. Foote.
II think so,' replied Mr.. Buckingham,
hesitatingly.
well, would you?"
81 only think so"
Mr.. Foote challenged the gentleman,
MED the challenge. A peremptory chal.
lenge from the defense was due al this
juncture, however, and Mr. Foote
promptly applied it to Mr.. Buckingham
William f. Schulz and Abraham Brown
were both successfully challenged by Mr..
Foote because they entertained fixed
opinions, and Rein hardt Ufen went out
dice and so did Frederick w. Zeie.
Louis Markus, who deals in gentlemen's
furnishing goods at 401 Kearny street. an
swered all OF the requirements of the at
torneys on both SIDES. as he had no pref iu-
dice and had not even talked about the
case. Consequently he was passed.
At this iuncture Mr. Pierson called the
attention of the court to the fact that
Juror James II. Kavanaugh, who was
Lassed yesterday, WAS a pensioned police
officer. Under the law, he said, this gen.
tlemsn was still legally public officer, as
he was subject 10 the call of the Chief of
Police for duty in cases OF exigency. Ac-
cordfngly Mr.. havanaugh was disqualified
from sitting on the jury. Mr.. Foote read
lily consented to the dismissal OF Kava-
naugh, so no challenge was necessary.
Walter B. Webster acknowledged hav-
lug strong impression, but was not pre-
JUDGED. 1t developed after a rather
lengthy cross-e1amination tnat he could
not sit impartislly on the jury and the
court allowed Mr.. Foote'S challenge.
Christian Jansen Clemens livery
stable keeper, had an opinion and was
sent away on challenge. Joseph Baum
garten and F. H. Venker, for similar rea-
sons were dropped from the panel.
Charles s. Bennett, 8 carpenter who
was formerly employed in the School De-
partment, but who is not working now.
filled the bill and was accepted by the de-
tense. The attorneys for the plaintiffs,
however. exercised one OF their peremp-
tory challenges on Mr.. Bennett and he
was excus-d.
F. d. McCann. Who is connected with
the house OF Mau, Sadler g. Co., and L. B.
Doe. a mining man, were excused because
they were burdened with fixed opinions.
Charles d. Douglas. an ex- Custom house
inspector and a veteran of the Civil War.
had no opinion whatever and therefore no
pre- ejudice. He was not intimately ac-