The herald., 1898-10-21

ably productive, tor one of the men was
served with summons and definite lnIormd-
tion obtained regarding the whereabouts OF
the other so both are expected to be pres
ent when their testimony is required.
At 2 pm, when court was reconvened, the
following jurors were drawn and took their
places in the box: David Milne, John Smale,
Fred w. Tyler, X. Z. Palmer, William Hon
gate, Samuel Il. Owen, w. +. Grlggs, Wesley
B. Hocomb, i. L. Hallett, j. h. Jenison,
Julius l.. Nierick and III. B. Hanson. Of this
number only four were eventually retained,
Messrs. Holgate, Wood, Hallett and Milne
being sworn in to try the cause. Jenlson was
challenged for cause, having become conver-
SAINT with the issues OF the case and had
formed an opinion theretrom.
Messrs Owen and Palmer were challenged
peremptorily by the prosecution, the former
having been neighbor of the Clark family
when they were living at Pomona and the
defendant having been at one time IN his
employ; the latter being excused on account
of his pronounced objection to deciding a
case on circumstantial testimony. The de-
tense excused Messrs. Smale, Niereck, Han
son, Tyler, Holcomb and Gregg. In some OF
these cases it was impossible to discern any
special objection elected from the examina-
ton, the answers being clear and devoid OF
apparent bias. In most cases, however, the
expressed belief of the men i'll capital pun
ishment in the case of murder committed
without grave provocatlon, was presumably
the cause Of their dismissal. Several said
they believed in the correctness of the theory
that an eye for an eye and a tooth for q tooth
was just penalty to be visited upon those
guilty OF transgresslOn, but some hesitated
about carrying the luea so lar as to exact
life for life their view being that the cir
cumstances should be weighed carefully in
such a case.
After the four men retained had been
sworn in eight more names were drawn from
the box, as follows Allen j. Cobb, Charles
b. Cook, H. b. Cone, c. r. Thomas, A. L.
Whitney, James Grail, b. j. Charles and
Lewis II. Miller. OF these three were re-
tanned, Messrs. Thomas, Grail and CharleS.
The prosecution made no challenges, but the
defense exercised its right by eXcusing five
men from service. Most of these testified
that they had no prejudice against the
Chinese. as a race, and would give as full
credence to their testimony as to that OF
Americans if they were otherwise satisfied
of their credibility. Messrs. Whitney and
Mr. Cone had employed Cinnamon and Mr.
Miller was a strong believer in the value of
croumstantal evidence.
Five more names were called and the va
cant seats in the jury box We're taken by f.
H. Merrill, II. s. Ransaur. p .P Kieffer. j X. .
was excused at his own request and one
Strong was drawn to take his place in the
box. All were carefully examined and the
prosecution having no challenges, the de
fense excused peremptorily Messrs. Merrill,
Witherspoon and Strong. Meurs. Kieffer
and Boyer were left on the panel and sworn
in to try the case, at which time adjournment
was taken till this morning at 10 o'clock. when
the remaining places will be filled and the
taking of testimony will begin.
The jury. as thus far constituted is as fol
lows: Messrs. Milne Ilallett Wood. Hol-
gate, Thomas, Grail, Charles, Kieifer and
Boyer.
During the preliminary proceedings YES
terday the court room was crowded, the
term trial jurors being in attendance as well
as the witnesses summoned in the case. and
numerous friends Of the defendant and of
the dead Chinaman. The defendants father
and mother sat by his side and consulted
with counsel regarding the action to be ia
ken in the case of jurors drawn from time
TO time during the proceedings Their pain
ful soGcitude is counterbalanced by the in
terested faces of the dead Ghinaman's
friends. whose desire for justice to be done
to their dead comrade is also noticoablv
keen. There appears to be no disposition o.
the part Of the prosecution to bear too
heavily upon the defense. The testimony as
it viii be drawn from those cognizant with
the circumstances is relied upon with much
confidence by the counsel for the state and
on this will rest the fate of Harry Clark. tic
boy who sits face to face with death