Los Angeles herald., 1907-06-04
ELEVEN MEN
I READY TO TRY
MAYOR sCHM|Tz
Twelfth Juror Hard
to Secure
Twice During Closing Hour Attorneys
Nearly Reach Agreement as to
Fitness of Last Man-Many
Have Opinions
Rv Associated Press.

BY Associated Press
SAN FRANCISCO, June 3.-Twice dur
ing the closing hour of today's session o
the Schmitz trial it seemed all but certain
that the jury was about to be completes
after weeks of arduous effort. But eacf
time the looked for twelfth juror escaped
through the peremptory challenge, once
exercised by the prosecution, once by the
defense; and over night adjournment was
finally taken with eleven chosen men II
the box and one not yet examined.
More progress was made today in jury
getting than since the early stages OF
the trial. Three veniremen were finally
accepted and sworn and the last of the
arbitrary challenges were exhausted
There is no apparent reason why the trlal
panel should not be filled tomorrow, per-
fhapS by noon.
& lust before adjournment today former
Judge c. H. Fairall, for the defense, made
a motion that took the state by surprise
At was to this effect: That the runng OF
the court last week in allowing the chal-
ienging by the prosecution of two Jurors
after they had been sworn .gaye the de,
tense under the law the right TO demand
ten additional peremptory challenges in
lieu of the dismissal of all the other jurors
and the empanellment of an entirely new
jury. Judge Dunno promptly denied this
motion and Mr. Fairall reserved an ex-
law is distinct and specific and that the
court erred in ruling adversely. The pros
ecution maintains that such is not the
case and points to recent supreme court
decisions in support.
Samuel II. Collins, jeweler, was passed
for cause by both sides as the probable
twelfth Juror late in the afternoon, and
the crowd that filed the Bush street syna-
gogue thought the long drawn, tedious
task Of jury getting was at an end. But a
penciled note. sent to Assistant. District
attorney Heney by gray haired man in
one of the front pews caused the state $
counsel to open a redirect examination of
the juror, which resulted in the prosecu-
tion exercising peremptory challenge-its
9aSt-and Collins stood aside.
Thought Mayor Guilty
i Richard B. Butler, real estate man, was
cut out of the jury at the last moment by
the defense on an appeal to the court to
sustain a challenge for cause after the
Juror had been passed by both sides at
the conclusion of a long and exhaustive
sross-examination conducted by Attorney
Barrett. Mr.. Butler, a white haired, quiet
spoken man with decided southern ac-
cent, felt that he could give the defendant
a dead square deal. He had no opinion
Whatsoever in the case at bar, but he was
one of those who believed that where
there Is so much smoke there must be
some fire." sentiment which he ex-
planned by confessing that he could not
help thinking that the mayor must have
committed a good many "other crimes.
Now, Mr.. Butler" said Mr. Barrett
finally, Il ask you as an honest man: II
you were the defendant here would you
be willing to be tried by twelve men hold
ing the opinion that you hold of Mayor
The aged juror was not at loss for a
reply. IF all I wanted was a square deal
surely would be willing" he said, but
Sf l were little afraid of my case
probably would not be-" This adroit reply
provoked laughter.
II ask your honor" appealed Barrett q
few moments later, addressing himself to
the court, 'as we approach the last of this
difficult and grave task of selecting a per-
fectly fair jury, to brush aside any techni-
challenge for cause and dismiss this juror.
I ask your honor not to give a straws
weight either for or against this de-
fendant; l appeal to your honor's sense of
justice to -
'The challenge will be allowed" inter-
rupted Judge Dunno, passing his hand
wearily across his eyes. THE juror may
stand aside"
/. Thomas R. Brown, department manager
for an agricultural implement house, was
cut out of the jury by the defense just as
Juror Collins had by the prosecution, and
after Judge Dunno had refused to enter
tain challenge for cause. To the state
Mr.. Brown appeared to be an ideal Juror,
but his confession to a general opinion
that there must be some fire behind all
this smoke seemed insuperable to the
mayors counsel and they exhausted their
last peremptory challenge in dsmissing
him
After Hugh Burns had been called to
the box adjournment was taken until to-
morrow at 10, when his examination as to
qualification will be begun.