The San Francisco call., 1910-02-04
TALfSMfN FAIL TO
APPEAR IN COURT
Assistant District Attorney AM
nOunces That He Will Ask
for Bench Warrants
One More Juror Is Secured to
Try ConbOy for Killing
Bernard Lagan


The difficulty of securing a jury was
emphasized in Judge Dunne's court
yesterday morning in the trial of Mi
chael Joseph Conboy, charged with the
murder of Bernard Lagan, when out of
a venire of 40 talesmen only a score
found it convenient to appear in court
| in answer to tho summonses. From
their number another juror was added
10 those, sworn in, the latest being
Milton G.. Banner of the Banner miIli-
merry company. He makes the tenth
juror.
Hitherto those not caring to serve
ON juries have obeyed the summons
and been regularly excused, but yes
terday half those summoned were alb
sent altogether.
II shall ask for bench warrants for
those who refuse to answer the sum-
mons hereafter said Assistant Dis
trict Attorney McNutt. This exceeds
even the patient limit of the most con
siderate"
COURT KEEPS CERTIFICATE
One of the most unique cases with re-
gard to escaping jury duty was that pre-
sented by solomon Bare of 1850 Broad
way.
When a deputy sheriff called at this
mans house with q summons" said
Judge Dunno, ''he was Informed that
Bare was al work. This morning Bare
appears with a doctors certificate, say
ing that he has been suffering from
nervous troubles for four years, and
therefore is unable to serve as a juror.
Such behavior is almost incredible"
Bare's certificate was Signed by DR.
James A. Prosek. After Bare pre-
sented the certificate Bare asked that
it should be returned to him, but the
court refused to do so.
Among the talesmen who qualified
was Eugene J. Bates, vice president
of the Hulse Bradford company. He
declared himself ready and fit to act
as a juror. but was excused on a per-
emptory challenge by the defense.
REFUSED TO HELP CoNBOY
A ripple of excitement was caused
by the declaration of Alfred Heyne-
man, "A consulting engineer, residing
at 2721 Clay street. who said that a
short time ago Conboy had approached
him and asked that he go on his bond.
Il did not know him at all WE'LL said
Heyneman, and | refused his request
do not know how he came to call
on me. presume, however, that it was
through my porter, who. knowing that
| was a little too ready to help my
fellow man, suggested tho proposition
to the policeman on the beat. who told
Conboy. They thought | was a good
thinG, | suppose
JUROR SEEI>S TO RE EXCUSED
On questioning by McNutt Heyneman
said he was the brother of Otto Heyne-
man, formerly secretary to former
Chief of Police Lees. Otto Heyneman
has taken great interest in Conboy's
trial and has appeared in court fire.
n
Heyneman on a peremptory challenge. /
AS a result Of the wedding out pro-
cess the defense has remaining but one
peremptory challenge and the prosecu-
ton two. After having been sworn
in as a juror, Banner arose in his seat
and told the court that he would like !
to be asked some of the questions |
which he had heard propounded to |
other talesmen.
There are some things which hinder |
my serving as juror he said
There is no need for any fear on I
that account, said Judge Dunno; ''coun- T
sci have asked YOU all the questions /
they wanted to-"