The San Francisco call., 1904-03-16
NINE JURORS
ARE SECURED
Special Venire in Botkin
Trial Is Exhausted and
Another for Sixty Issues
NEW EVIDENCE FOUND
DIR. Stone of Stockton Will
Testify That Defendant
Asked Him About Arsenic

Nine jurors in all have been secured
murder of Mrs Elizabeth Dunning.
The ninth man was accepted by both
prosecution and defense yesterday,
shortly before noon, and then the reg
ular panel and the special venire were
exhausted. So far as selected the jury
consists Of the following:
william S. McDevitt an employe OF the
United Railroads. residing 4O22 Evenly
second street.
Vernon Upton, a printer residing at 205
Central avenue
Jacob GOetjen. a grocer Of 24s Fifth street.
residing at Waller street.
Julius Lilienthal formerly a grocer resid-
ing at 30T Fulton street.
Morris Hyman. real estate dealer at 200
Sansome street. who resides at 2230 Sacra-
mento street.
James H. Robertson. an insurance man Of
2i6 Sansome street, residing al 503 Capp street
Ferdinand salz. grain merchant OF PA Pine
street. residing at 1890 Haight street.
Henry Peters. grocer at 79s Beale street.
residing a SIS Broderfck street
Bernard F. WambOld. retired grocer, residing
at 152 Ivy avenue.
In order to secure these nine there
have been 1872 names called. Less than
twenty failed to answer their names,
they having been excused from the
regular panel for various reasons. The
remainder were either found to be dis
qualified for various reasons or were
peremptorily challenged by the prose-
cution or defense.
SPECIAL VENIRE ISSUED.
When the last man had been exam
ined and there still remained three
seats TO be filed satisfactorily in the
jury box, Judge Cook ordered a second
special venire of sixty to be issued,
returnable in court at 10 o'clock this
morning. From these it is expected
that the panel viii be completed.
The selection Of jurors proceeded
much more rapidly yesterday than the
day before. The defense exhausted
only three peremptory challenges, max
ing fourteen in all and leaving six
still available, while the prosecution
used up only one Out OF thirty-one
talesmen examined four were found
who answered all interrogatories salts
factorily and were enrolled as jurors.
The same general line of questioning
was followed by District Attorney By
ington and Attorney knight as on the
day previous.
John f. Doak. for whom an attach
ment had issued Monday because he
failed to answer his name, was purged
Of contempt 1t was shown that the
name as drawn from the box was John
z. Dock and in the subpoena the name
had been omitted altogether. He also
escaped duty on the jury because he
had an unaiterable opinion in the case.
Mrs. BOtkin sat with her sister as
before and held the latter's hand dur
ing a great part OF the proceedings.
She was perceptibIy more nervous than
on Monday and il is evident that the
strain is beginning to tell upon her.
Once she prompted Attorney knight
TO ask a talesman whether or not he
had conversed with one of the wit
nesses in the case. He said that he
had not done so knowingly, but he re-
ceived his congo by peremptory chal-
lenge from the defense.
Knight and Byington had slight
clash over one of the last talesmen
called. The District Attorney passed
him for cause, and Knight then asked
him if he had not previously told the
District Attorney that he could not act
impartially as juror in the case The
talesman said he had.
There" said Knight. this man
would not make mt juror and the
District Attorney knew it, but he pass
ed him. He wants a man on the Jury
who acknowledged that he was unable
to decide impartially."
L want nobody on the jury who is
rot impartial" retorted Byington.
hotIy.
There is no challenge" said Judge
Cook.
We challenge" said Knight, IF the
District Attorney Will not"
NO objection" said Byington. and
the talesman withdrew.
ATTENDANCE Is SMALL.
The courtroom was only fairly well