Los Angeles herald., 1909-07-20
SECOND TRIAL
OF CALHOUN IS
BROUGHT TO BAR
"a TALESMEN EXAMINED BY
RIVAL ATTORNEYS
CITIZENS APPEAR ANXIOUS TO
AVOID SERVICE
Impending Difficulty in Securing Jury
Foreshadowed by Events of First
Day In San Francisco
Court
(By Associated Press)

(By Associated Press)
Ct AN FRANCISCO, July 19.-Patrick
Calhoun, president of the United
~ Railroads. is again on trial in this
city on a charge of offering a bribe to
a public official to gain a privilege for
his corporation. Half a day had been
devoted to interrogation of prospective
jurors when the first panel of twenty
five citizens was exhausted and an adj
journment taken until next Wednesday
morning.
Two dozen talesmen had been exam
ined when the end of the day came. A
majority of the talesmen were chal-
lenged or excused because of fixed
opinions relating to the guilt or inno-
cence of the defendant, and seven of
the twenty-four were disqualified by
reason of their connection with pre-
vious trials wherein the alleged bribery
in the overhead trolley deal was the
issue.
1t was evident from today's examina-
tion that most of the talesmen sum-
moned were anxious to escape service
in the case on any preteXt, and few
questions sufficed to disqualify in sew
eral instances.
Few Spectators Present
Assistant District Attorney Francis
]. Heney is expected to assume charge
of the case when he returns from his
trip to Alaska, and John O'Gara, his
colleague in the first trial. Will retain
his former position.
Mr.. Calhoun was represented today
by A. A. Moore, Stanley Moore, l.. F.
Byington, John ]. Barrett and William
A AlaNyopAar K
nor Earl Rogers of Los Angeles, both
of whom assisted in the defense at the
last trial, was on hand today.
In contrast to the closing days of the
litigation that ended with a disagree
ment, when the courtroom was packed
to it's capacity and men and women
fought for admission to Carpenters
hall, there were not a dozen spectators
in attendance today. even the regular
attendants being unaware that the
issue was to be so soon retired.
The second trial will be based on an
indictment charging that Mr.. Calhoun
offered a bribe of $4,000 to John j.
Furey, a member of the board of su-
pervisors, during the administration of
Eugene e. Schmitz.
Case is Started Promptly
With scant preliminary, and without
by lleAbAC VI dl uIllGlllI lilG SGNOlu II lell
of Patrick Calhoun was begun. An
hour after the parties had assembled
twelve citizens, summoned as prospect
i've jurors, were seated in the box, and
the attorneys had entered on perform
anCe of a task which required three
months to complete in the first trial,
which ended in a disagreement exactly
one month ago today
Calhoun, just returned from a hunt
ing trip in the northern part of the
state, was on hand before the opening
of court. One by one his attorneys en-
tered the court room in Carpenters
hall, until all the legal representatives
of the defense, with the exception of
Earl Rogers and Alexander King, sur
rounded the defendant.
District Attorney w. H. Langdon was
the sole representative of the prosecu.
tion. Special Agent w. j. Burns and
three of his assistants sat just behind
the vacant chair heretofore occupied by
Assistant District Attorney Francis j.
Heney, now in Alaska.
on the opposite side of the room
were Luther Brown, Norman Melrose,
Harry Laurentzen and other agents of
the defense whose names were promi-
nent during the five months of the first
trial Both sides answered ready when
Judge Lawlor reached the case on the
calendar.
BY direction of the court, the names
of 100 talesmen were drawn from the
great Jury box of the county and the
sheriff directed to summon the citizens
named next Wednesday morning.
Mr. Langdon made his opening state
ment to the first panel of twenty
talesmen, explaining that Mr.. Calhoun
was charged on indictment with the
offer of a bribe of $4,000 to former Su-
pervisor John J. Furey, with the intent
to influence Furey's vote on the over
head trolley franchise. This completed
the preliminary arrangements, and the
examination of talesmen proceeded at
once.
Stanley Moore of the defense inter-
posed an objection when Judge LaWloI
directed that the attorneys for Mr.. Cal
houn open the examination of the first
talesman. Reverting to his ruling IN
the former trial, the court insisted on
this order of Interrogation. Mr.. Moore
later resisted a suggestion by Judge
Iawlor that the newspapers refrain
from publishing the names of citizens
drawn as talesmen in the case. the
court thereupon withdrew the request
Four of the twelve men first seated
in the jury box had been summoned II
the previous trial and were excused
Two more developed disqualifyine
opinions and left the box.
Twelve Men Excused
When the noon recess arrived the at
torneys had disposed of the entire
twelve. one was a member of the Cit
iZens' League Of Justice, an organlza-
tion martial to the cause of the prose
cution: a second did not understand
English sufficiently well, and the 9TH
ers were possessed of opinions that pro
voked challenges or resulted in excuses
by consent.
The questions of the examining attor-
neys followed the lines laid down IN
the first trial, expect that Mr.. Moore
several times asked a talesman II ne
knew that Heney was candidate 10Y
the office of district attorney ano
whether or not he had received certain
communications from political organ
izations now engaged in preparing for
the coming municipal campaign
For the first time since Heney was
shot in the court room, during the trial
of Abraham Ruef, the sessions Of courT
proceeded without a detail of police in
or about the building. 1t is probable
however. that a number of bluecoats
will be ordered on duty when the TAX
ing Of testimony is commenced
At the afternoon session Assistant
District Attorney John O'Gara ap-
peared in the court room and took his
place beside District Attorney Lang
don. Two of Calhoun's counsel were
absent. The examination of the dozen
talesmen remaining to be questioned
was then proceeded with.
The panel was exhausted without the
securing of a juror, and an adjourn
ment was taken until $3.50 O'Clock
Wednesday morning.