The San Francisco call., 1899-09-19
SECURING THE
DES|RELLO JURY
Work Is Proceeding Very
Slowly.
ELEVEN WHO MAY SERVE
SPECIAL VENIRE OF TWENTY
FIVE EXHAUSTED.
Second Trial Of the Man Who Killed
Young James Johnston at Colma
in March of Last
Year.
Special Dispatch to The Call.

REDWOOD CITY, Sept. 1S-The selec-
| ton of jury for the second trial OF
/ Fred Desirello, the Baden Constable
! charged with the murder of young James
/ Johnston commenced at this place this
/ morning. The regular panel of fifty tales
| men was exhausted before noon ana q
special venire of twenty-five was ordered
| returnable at o'clock this afternoon
/ This has also been exhausted and t1f-
| teen more ordered for tomorrow morn
ing. There are now eleven men in the
jury box, though none have as yet been
accepted. The probabilities are that all
day tomorrow will be consumed in Sc
curing the jury.
So far the prosecution has exercised but
one peremptory challenge, and the de-
fenSe eleven. DeSirello has been once
tried for the crime of murder. the jury
standing six for manslaughter and six for
acquittal. 1t is conceded by the prose-
CutiOn that q conviction of murder can
not be obtained. as there are not the ele-
ments in the case that go TO make a
crime of that character. The whole week
will very likely be consumed in the trial
of the case, as there are a great many
witnesses to be examined.
Desirello is charged with numbering
years of age, at Colma on the 18th of last
March. The evidence showed on the for
mer trial that on that day defendant had
been in ATTENDANCE at the coursing park
at Colma, being hired by the manage
ment of the association to maintain or
der and keep the peace. After the races
and on his wavy to Belli $ store in the
town he stopped at the White House
While he was standing in front of this
place talking with a friend young John,
ston, accompanied by John, Vaccari and
Henry Jensen, two boys about his own
age, came down the road from the direc-
tion of San Francisco in a wagon.
AS to what occurred when the wagon
reached the White House, the evidence
is contradictory Defendant claims that
the boys were either driving in a reck-
less and careless manner and at rate
of speed sufficient to endanger their own
lives and the lives of pedestrians and
others who might be in the road or that
the horses had got beyond their control
and were running away. He claims that
he called to the boys to halt and slacken
their speed, and when they paid no at
tention to him fired his pistol in the air
to compel compliance. He fired a second
and third shot as he claims, at the
horses his only intention being to Grip
pie or kill them as he had come to the
conclusion that they were running away.
Instead of striking the horses. one of the
shots struck young Johnston in the neck,
causing his death a few minutes later.
The boys on the wagon claim that the
horses were at all times under the con-
troll of the driver, John Vaccari, and that
they were trotting only at an ordinary
rate; that the first they knew of any at
Johnston was shot; that DeSirello never
called to them at all. Defendant in the
first trial admitted the killing, but
claimed that it was an accident pure and
simple. and six of the jurors believed
him not guilty.
Since his first trial Desirello has been
out of Jail on bail and working at Baden.
Defendants counsel are ex-Judge e. F.
w. Walker. District Attorney Bullock is
prosecuting.