Otto H Kopp was then called as a juror and appeared, and was challenged for principal cause by the counsel for the defendant, on the ground that he had formed or expressed an opinion as to the guilt or innocence of the prisoner, and the challenge was denied by the counsel for the People.

TheSaid Otto H Kopp having beenSworn to testify the truth as to his competency toServe as a juror, testified that he had not formed or expressed any opinion as to the guilt or innocence of the prisoneRWhereupon, the challenge for principal cause was withdrawn, and the district attorney, thereupon, challenged theSaid Otto H Kopp for favor, on the ground that theSaid Kopp was not indifferent between the People and the prisoneRCounsel for defendant demurred toSaid challenge, and assigned for cause, that theSaid challenge did notSpecify anySufficient ground in Law The district attorney joined in demurrer; whereupon the court overruledSaid demurrer, to which decision counsel for defendant excepted The district attorney thereupon asked theSaid Otto H Kopp the following question : Have you any conscientiousScruples against rendering a verdict of guilty, in a case where the pun- ishment, upon conviction, is death ? Counsel for defendant objected to this question The court overruled the objection, and allowed the question to be answered ; to which decision counsel for defendant excepted TheSaid Kopp thereupon answered that he had not.

The district attorney there- upon withdrewSaid challenge, and theSaid Kopp wasSworn as juror to try the cause.

William S Tarbell was called as a juror and appeared, and was challenged for principal cause on the part of the defend- ant, on the ground that he had formed or expressed an opinion as to the guilt or innocence of the prisoner, and the challenge was denied by the counsel for the People.

TheSaid William S Tarbell having beenSworn to testify the truth as to his com- petency toServe as a juror, testified that he had not formed or expressed an opinion as to the guilt or innocence of the accused, whereupon the challenge was withdrawn, and he was challenged by the defense for favor, and testified that he had no prejudice against a Jew or an Israelite, whereupon the latter challenge was also withdrawn The district attorney thereupon challenged theSaid Tarbell for favor, on the ground that he was not indifferent between the People and the pris- oneRCounsel for defendant demurred toSaid challenge for favoRThe district attorney joined in demurreRThe court overruled the demurrer ; to which counsel for defendant ex- cepted The witness thereupon testified that he had no con- scientiousScruples where the punishment was deatH The district attorney thereupon withdrew the challenge, and the said William S Tarbell wasSworn as a juror to try the cause.