The San Francisco call., 1898-03-15
DELAYED BY THE ILLNESS OF 4 JUROR Clark Murder Trial Goes Over for a
 Day. New Complications May Result From One Mans Sickness. If He Does Not Soon Recover the Case Must Be Re-
 opened. HOPES OF THE DEF ENSE. Will Seek to Save the Prisoner by Blaming the Widow of His
 Victim.
If He Does Not Soon Recover the Case Must Be Re-
 opened.
HOPES OF THE DEFENSE
Will Seek to Save the Prisoner by Blarairq the Widow of His
 Victim.
Special Dispatch to The Call.

 NAPA March 13.-The trial of George w. Clark, the St Helena murderer, was called in Judge Hams court this morn ing, but one of the jurors, D. F. Hamp- ton. declared he had so severe anattack of the grip it would be impossible Tor him to weigh any evidence, no matter of what character.
 When the jury was called Hampton arose and said he was too i'll to pro- ceed and he wanted the court to ad- journ long enough for him to get well. There was no objection from the de- fense and pr. E. z. Hennessy added his word to that of the juror. Judge Ham adjourned court until tomorrow morning.
 One days adjournment was little less than Hampton wanted; in fact there are many who believe Hampton would wish to remain ill until another juror had been sworn in his place, but the Judge would allow but twentyfour hours.
 The plan of defense is still in the dark. There have been symptoms of a defense on the ground of insanity, but most of the indications point to the excuse which is as old as Adam-the woman did it.
 
 that LOvina Clark killed her husband, but there will be an attempt to prove that hers was the master mind that influenced the murderous hand, if in deed it did not actually direct it.
 The woman did it'' will, in some form, be the defense, but it will also include a theory that the murderer was mentally weak; that he was a moral pervert; that he was anything or ev erything that will save his neck-fOr to save his neck, so say all except the attorneys for the defense, is the only thing that can be hoped for in his be- half.
 District Attorney Bell, who has had charge of the case from the time of the murder, has twenty-siX witnesses whose evidence will cover every pos sible theory the defense can advance. Among his witnesses, too, are several who are relied on to give the best evi- dence for the defense, a kind of legal backfiring.
 The defense so far has subpenaed five witnesses-Dr. OsbOurn, J. H. Stevens, w. H. Outwater, Rev. James Mitchell, M. F. Mcdonald and Robert Pratt Jr. For all of these the accused has worked, and their testimony may be made to show his steady character his capacity for work his intelligerca or his insanity, just as the exigencies of the case, when the prosecuuon 
 Henry Hogan, chief counsel for the defense, declines so far to outline his case. The habitues of the courthouse say he is waiting for developments of the prosecution, but Hogan keeps his mind to himself. So far he has con- tented himself with objecting at every opportunity, but he hints at develop ments of his own. His questions to the jurors the first day were general on the second day he inquired about their views regarding insanity; then he dropped that line, and where he is now no one but himself knows, and he keeps his own counsel.
 The loss of Hampton as a juror, should his illness prove so serious as to cause such a complication, will make a tangle of the case. The jury having been sworn and accepted, there can be no further attempt to select a juror without reopening the case, and if that is done shower of peremptory chal- lenges may be the result, for the orig to the defense They will not be di- rected against the jurors already sworn, however, for the defense de- clares 1t is satisfied with those impan- eled.
 The big fight of the case will be over Clark's confession. The defense will try to keep it out on the ground that it was made under promises affecting the punishment of the murderer, which is explicitly declared by law to render such a confession of no value as evil dence. The prosecution, however, hopes to get 1t in.
 If it be admitted, Clark's chances are dim and distant.