The San Francisco call., 1909-02-10

his feeling was directed. He believed
that Henry Dimond. whom he did not
know. had been treated unfairly by
Heney while the case was in progress
in Oregon. and that Dimond was inno-
cent of the crime charged against him.
you refer to the extradition pro-
ceedings, I think interrupted Heney.
You may not know that Dimond was
tried in Washington and acquitted and
that 1 took no part in that trial"
Symin gton merely nodded and made
no comment Moore asked him then IL
his prejudice against Heney remained
as it had been.
y believe this is Mr.. Heney sitting
here" answered Symington. with
quick smile. Il never saw him before.
and he doesn't look TO be such bear
as 1 had imagined him"
A general laugh was quickly hushed
by the bailiffs, and as it died down
Moore Jumped. to take advantage OF
the opening afforded him.
IF there is any doubt about this
juror on account of his having such
an opinion we'll consent to excuse him.
he began.
"Oh. that doesn't worry us at all" in
terrupted Heney. Wen be perfectly
willing to take the chance, and so it
shouldn't worry you under the circum-
stances"
GUILT SHOULD BE PUNISHED
Apart from your prejudice against
Mr.. Heney did you not have sympathy
for the prosecution?" inquired Moore.
Il believe that all who are guilty
should be punished, If that is what you
mean"
Symington explained that his i'm
preston that some one was guilty was
due in part TO the great number of in
dictments that had been returned.
Just then a whistle blew somewhere
outside. and ii gave Moore a new idea.
IF it's your honors hour of adjourn
ment," he began. Nobody responded,
and he looked at his watch. 1t was
just u o'clock, with regular adjourn
ment time half an hour away. Moore
said oh and resumed his task with
out winning comment.
IF you We're sworn a juror now
wouldn't your impressions remain with
you until evidence was received to
change them?" queried Moore.
yes, 1 suppose they would
Then demanded Moore triumph
antly, wouldn't you have an opinion
concerning the defendants guilt until
evidence was produced to remove it?"
Il certainly would not want to stul-
tify myself by giving an opinion in a
matter in which no evidence had been
"
But If no evidence at all was given
TO change ii, wouldn't your present i'm
preston influence your decision?" per-
sisted Moore.
DO you mean that I'd convict Mr.
Calhoun if no evidence was brought in
to show him guilty? That's what your
question seems to mean"
LAwLOR ENDS 1T
O'Gara interrupted while Moore was
attempting to explain that the tales
man had misunderstood him, and this
time Judge Lawlor instructed the pros
ecution to take up the inquiry, al
though Moore entered an exception to
the order. Heney asked several ques-
tions, passed the juror and the court
declared that the examination was
closed except on new subjects. Moore
objected to this order, and then made
his last appeal for delay by requesting
that the further examination be post
poned until afternoon.
81 do not intend to sit this after
noon" answered Judge Lawlor. This
must be concluded now"
Moore asked two questions, drifting
back toward subjects already covered,
and the court peFemptorily ordered the
examination to cease. He gave the at
torneys until o'clock this afternoon
to consider the subject of peremptory
given over to the examination If the
SO members of the new venire sum
moned for this morning.
TaIesmen who were examined yester-
day morning and excused for cause
were George c. Woods, plumber; Fred
II. Somers, real estate dealer; Michael
Sugarman, iron and metal dealer; Fer
dinand w. Stephenson. secretary Of the
Sherman & Clay music company: Ed
ward p. Spengler, insurance; Francis
J. Wimperly, haberdasher; Fred j.
Rickon, general contractor; William H.
Street, bank custodian; Benjamin Won
der, crockery dealer; Ashley o. Stew
art, capitalist; Louis p. Fleishman,
shoe dealer; William J. Ramsey, dry
goods merchant; A. ]. Worswick. archi-
tect; Theodore Wetzel, plumber, and
John NJ Ratio, dealer in seeds
RW.UH