Los Angeles herald., 1907-08-03
FOUR JURORS ARE ACCEPTED
FROM PROBATIONARY PANEL
Rv Associated Press.

BY Associated Press.
SAN FRANCISCO, Aug. 2.-In the pres
ence of large crowd of spectators in
Judge Dunnes department of the su-
perior court four of the twelve jurors
who are to try Theodore V. Halsey of the
Pacific States Telephone company for
bribery were finally chosen and sworn,
and adjournment was taken until Monday
morning.
At that time fresh venire of 100 tales
men will be returned into court by
Sheriff O'Neil and from among them the
attorneys hope to select eight men to I'LL
the trial panel.
The first peremptory challenges of the
| trial were exercised at the afternoon
session, three by the prosecution, five by
the defense. Two arbitrary challenges
now remain with the state and five with
Halsey.
| An echo of the Haywood trial was
heard in the proceedings today. Several
of the Haywood jurors after verdict of
acquittal had been returned. intimated
that they voted mot guilty" on the
strength of the instructions given by
Judge Wood as to the application of evil
dence, the presumption of innocence and
the suspicionable character of accompllce
testimony In the ross-examination of
the Halsey jurors question is now being
asked in form substantially as follows.
Il, dIL6T uSIeUlHS " lilc GNiuOiNO SON
believed in your heart that Halsey was
innocent, but the instructions of the court
as to the law leaned to a conviction,
would you follow your own belief or
would you be guided by the court? Would
you vote not guilty or guilty? 2"
One Juror, James W.. Rutherford,
leather merchant, declared that he placed
more reliance on his own sense Of Justice
than on the statutes. He was challenged.
AZ . f1aA five it1rn Ci irf1t-
larly challenged by the defense had de-
clared in the course of his cross-examina-
ton that he would be guided solely by
the court"
George Jones, a retired coal dealer,
qualified as the tenth probationary juror
after struggle on the part of Halsey's
attorneys to disqualify him on account of
bias.
Among the more interesting questions
suggestively asked of talesmen by the
defense were these:
'Was Rudolph Spreckels ever Gus
toner of yours?"
DO you ever recall in all the years of
your residence In San Francisco anything
that attracted more attention than the
prosecution of the so"called graft cases?'
The invariable answer was:
mo"
'Are you member of any labor union
or is your sympathy with the labor
unions?"
Are you an active member of any
political organization recently formed?'
'If you were convinced in your heart
that this defendant was guilty but the
instructions of the court required you to
acquit what would you do?"
care you member of the Olympic
club?" has been asked of several tales
men, and is understood to be inspired by
han 1fn0 Qt q n
banquet, when President Patrick Calhoun
of the United railroads, under indictment
on charges of bribing supervisors, was
cheered and carried around on the
shoulders of the diners-whose sentiments
so expressed aroused the resentment OF
some of those present.
Doyle was accepted as probationary
juror No. II.
Complete Panel
Davis Hirsch. drygoods merchant, sat
isfied both sides and was chosen as the
twelfth conditional juror, completing the
panel.
At the afternoon session delay was
in the exercise of peremptory
challenges by a further examination OF
H. Rutherford by the defense, who chal-
lenged him. He was excused.
Frank Brash, a Swedish shoemaker,
was substituted on the panel.
The panel being complete peremptory
challenges were called for and the fol-
lowing jurors were removed from the
box arbitrarily: o, C. Baldwin. real estate
dealer; Davis Hirsch, Moses Dannen-
baum, retired merchant. BY the defense
Charles " Pope, real estate dealer;
Frank Brash, shoemaker; James z.
Brown, retired mining engineer; Joseph
c. Peters, hay and grain merchant;
George Jones, retail coal dealer.
The remaining four jurors were salts
factory to both sides and were sworn to
try the case: Edwin Bonnell cashier and
secretary of loan society; Frank Lutley,
grocer; Andrew M. Lunden, hotel butcher;
George B. Doyle. grocer.
Judge Dunno issued a new venine for
100 talesmen returnable into court at 10
o'clock Monday, to which time adjourn
ment was taken. l