Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-07-19
EXCUSES ENTIRE
VENIRE FROM JURY DUTY
MAN WHO SUMMONED THEM HAD
AN OPINION
Defendant Objected to officials Bias,
and Forty Famous Men Marched
in and Then Marched
Out Again


| cused one at a time, Jones and Weller
| caused a venire of forty men to be ex-
cused in one bunch in Justice Rose S
court yesterday afternoon. Vs.
--Ihey-had been summoned as a-NeiHFe
| for the trial of G. S. Chan, the Chinese
| charged with practicing medicine without
| a license.
| Jones and Weller challenged the entire
venire because they claimed the man
who summoned it did not hold an open
and unprejudiced mind as to the value
of an oath of a Chinese compared to that
of a white man.
Patrolman j. L. Shand had been de-
tailed by his superior officer to serve
bunch of forty summonses for men to
serve in CHAINS trial. When the court
convened yesterday afternoon Jones and
Weller told Justice Rose that they wished
to challenge the entire panel because OF
the prejudice of Shand, the man who
summoned it.
Shand was put upon the stand and ques-
toned by both sides. and after much
beating around the bush Justice Rose
himself took the examination in hand
and asked Shand the stereotyped ques-
ton put to all the jurors: Would you
place the same value upon the evidence
of a Chinese testifying in his own behalf
as you would that of white man testi-
flying in his own behalf?"
Shand tried to give qualifying state
ments about extenuating circumstances,
but Rose insisted on a yes or no. an
swer.
Shand answered mo" He said he
would not take the oath of a chinese
in preference to that of white man. put
on the other hand he would be apt to
discredit it somewhat Rose then ordered
the entire panel excused.
1t is a New Thought
Heretofore the opinions of the officer
summoning a panel have not been ques-
toned by the attorneys for Chan, but
Yesterdays procedure renders 1t neces-
sary to find a man who has no prejudice
against the word of Chinese testifying in
his own behalf 1t is said there is known
IN he only one such man on the Los An
geles police force, and he is Patrolman
Roller.
Justice Rose Yesterday evening issued
an order for eighty veniremen ana gave
particular instructions that Roller be
told to get the men. The time set for
the appearance OF the Jurymen was july
% at 10 o'clock.
THE efforts to obtain Jury to try this
Chinese case have passed the humorous
stage and are becoming serious II Is q
question that is liable to confront the
community at any time. If no jury can
be found that will try Chinese they may
at any time commit any offense they de-
sire and after arrest put up bond ana
he at liberty indefinitely. At the present
rate a dozen Chinese cases would fill the
police calendar for a year.
Only Five Jurors Secured
When the court adjourned last night
five men remained in the jury box. The
sixth man who had been obtained, j. Z.
CLIFFORD. was excused by the court be-
cause he an Industrious laboring man
whose family needed his aid. Clifford was
one of the first men to be accepted as a
iuror and he has been in faithful attend
anoe since that time. Both the prosecu-
ton and defense were willing that he
should be excused.
Justice Rose instructed the 1urymen TO
he very careful not to discuss the case
in any way with the counsel on either
side, He said: ''If you should mention
the subject to me / should have to rep
rimand YOU severely for breaking the
rules. And do not complain to any OF the
attorneys because they are so strict in
the way in which they select Jurymen.
We have had to excuse three men be-
cause they complained to Major Jones OF
the manner in which he questioned jury
men. and l do not want any more OF II.
-oS 49,
s,Ar., faca is NV fortune, SIR said the