The San Francisco call., 1904-06-03
SIX TALESMEN
ARE ACCEPTED
Work of Selecting a Jury
to Try Jacob Eppinger
Is but Half Finished
DEFENDANT IN COURT
Judge Lawlor Denies Mo
tiOn to Dismiss Entire Pan
ell on Technical Grounds

After the entire morning session had
been spent in the wrangling of attor-
neys on technical points of the law, six
jurors were finally secured yesterday
of the twelve who will try Jacob Ep-
pinger, charged by the international
Banking Company with obtaining
money under false pretenses. The aged
defendant was in the courtroom during
the entire proceedings, but betrayed
no more interest in them than did the
to the making of peremptory challenges
did he consult with his attorneys or
offer any suggestions to them.
When court opened yesterday morn
ing the old dispute regarding the ac-
ceptance OF jurors who had been drawn
in 1903 was renewed, Attorneys Dunno,
Ach and Shortridge making lengthy ar
guments in support of their challenge
of the panel. They were answered by
Attorney ]. c. Campbell and District
Attorney Byington. The chief conten-
ton of the defense was that as new
names were drawn this year the hold
overs from last yearshouId be disquali
fed, even though they had only served
a month instead of a year, as the law
requires
On the other side the contention was
made that there had been no departure
from the statute: that the jurors were
all regularly drawn and were qualified
to serve.
HOLDS PANEL is REGULAR.
After hearing the arguments Judge
I.awlor denied the motion to dismiss
the panel. to which ruling Attorney
Ach took exception. The court held
that the statute quoted by the defense
was not mandatory, but rather direc-
tory, and that a broad and liberal con-
struction should be placed upon it. The
names in the jury box were not false
quantity and the men were still quail
fed for jury duty.
The examination of jurors then con-
tinued. II. M. Holbrook, the hardware
merchant, was first called. but was ex-
cused, as he had discussed the case
with wheat brokers and did not feel
that he could give fair and impartial
trial Goldwin McAvoy, Polk street
shoe merchant, had formed no opinion
regarding the case, had not discussed
it with anv one and had never even
heard of Detective Tom Gibson. He
, was accented. William Piljer, who con-
I ducts a pleating establishment on Post
street, was next accepted.
Daniel McPhee, a contractor, an
swered all the questions propounded
satisfactorily, but az he admitted that
relatives Of his had lost money bV the
Eppinger failure he was peremptorily
challenged by the defense. John Man
ming, a retired police officer, was chal-
lenged by the defense because his name
was on .e 1903 list. The challenge was
disallowed.
BUSINESS MEN EXCUSED.
John f. Plum, a real estate agent in
the Mission, and John e. Sills, who has
a machine shop in Oakland, were sue
cessively examined and accepted. Solo
mon Schlossa, retired shoe merchant,
was challenged by the defense on the
ground that his name was on the 1908
list, and as the prosecution did not OBJ
ject he was excused. p. c. Rossi was
peremptorily challenged by the defense,
and Henry Schuck was excused by con-
sent of both sides. Herman Hinkelman,
who is connected with hay and grain
house, said 1t was impossible for him
to give a fair trial and he was dis
missed. John Greedy, a contractor, re-
siding in the Richmond district, was
the sixth talesman accepted.
Court adjourned until IL o'clock this
morning.