The San Francisco call., 1909-04-15
FAIL TO SECURE
ALTERNATE FOR
CALHOUN Jury
Attorneys Examine Many Tales
men Without Securing the
Thirteenth Man
John MuIhern Comes Near
Qualifying, but Is Excused
by the Defense

The i'll luck that is supposed to travel
in the wake OF the number lS descended
upon the Calhoun trial yesterday. and
sil efforts 10 secure the thirteenth juror
and bring the jury Impeachment to a
hnal end were unavailing. The record
was almost equaled for the number Of
talesmen examined in single day. but
there was not single sign of progress.
There is no difference between finding
q man to serve as an alternate juror
and selecting one TO sit in actual judg-
ment on the trial The qualifications
are the same. and the inquiries put by
the attorneys yesterday to the "a men
examined from the thirty-ffth special
Jury venire included all the time worn
questions and methods OF attack that
have become familiar during IS weeks
OF constant examination of prospective
Jurors.
JUDGES BROTHER EXCUSED
The thirty-fifth special jury venire
examined yesterday morning brought
the total number Of talesmen called in
the case up to 2.370. and out of the so
summoned 35 We're retained for exam
inatiOn by the attorneys. One Of the
Heniremen called was William +. Mu
rasky Of 345 Pierce street. a brother of
Superior Judge Frank J. Murasky, who
has presided over several of the pro-
ccedings growing out Of the graft
cases The juror pleaded this relation
ship as cause for excuse from jury
service. and added that he was further
disqualified on account OF being en-
ploved by the United Railroads as an
appraiser Murasby is carriage
maker by trade. and his duties with
the corporation Of which Calhoun is
president are TO appraise the value Of
vehicles injured in collisions with
United Railroads cars.
Murasky was summoned as a tales
man in the Ruef Parkside case and was
excused. All these matters were taken
into consideration by Judge LawIor and
there was no opposition from either the
prosecution OF defense when he dis
missed the talesman without holding
him for examination.
NOT SATISFACTORY TO DEFENSE
John MuIhern Of 1860 Page street. a
dealer in soda water supplies. came
nearer TO qualifying than any other
--if-clllau II no was QUESTIONED Dl LlG
attorneys. but he was not satisfactory
10 the defense and was dismissed after
an extended eXamina tion. He declared
that ne could give Calhoun an abso-
lurely fair trial. but admitted candidly
that he believed bribe money had been
paid by the United Railroads and that
Calhoun. as president Of the corpora
ton. must have had knowledge Of it,
The test question as 10 whether he
Il 1 =,
his own state Of mind II he were in the
position OF the defense brought out an
answer that was unexpected and floored
the defense entirely for the time being.
I'd be perfectly willing to take u
men having my own views II ] were in
nocent." said Mulhern-
Well. do you feel that If you were
in Mr.. Calhoun's place u men having
opinions like your own could try your
case fairly?"
Certainly. II I were innocent I'd
feel that I could prove my innocence -
returned the juror. I'D feel I couldn't
be convicted and I'd take - men Of just
my kind.
CHALLENGE is ALLOWED
The question was dropped. There
was the best chance in the world for
somebody to ask Mulhern IL he would
feel the same, knowing himself to be
guilty. but the temptation TO ask 1t
did not seem to appear overwhelmingly
TO the members OF Calhoun's counsel
Mulhern said he was close personal
friend Of jeremiah Deasy, a member
OF the grand jury which indicted CAL
houn, and also Of the latter's son,
Police Judge Deasy. He was chal-
lenged by the defense in spite of his
assertion that he could. absolutely set
his opinions aside and try the case on
the evidence presented. and at first
the challenge was disallowed. Stanley
Moore continued the examination, how
ever. and later the former ruling was
withdrawn by the court and the chal-
lenge was allowed.
TALESMEN EXAMINED
other talesmen who were examined
yesterday and excused were William
T. Martin. William Metzner, John x.
Miller William II. Mitchell, Fred W.
Meyer. James Mearns. John A Miller
John c Miller, Frederick W Neck
lenberg, George ". Montgomery. Ed
ward r. Mofitt, Phillip J. w. Minerick,
Frank H Mills. William c. Myself, Mil
ton Murray. William J. Murphy Paul
Mayer. John w. Mccormick, James P.
Mcfarland. Arthur T. McGinty. Edwin
Il. Mozart and William n. McCaw
The examination of John r. McDon-
aid. travelling saleman. was held in
allegiance pending an investigation to
determine whether his name appeared
on the assessment roll He will be
recalled this morning.
How Jury Law Was Changed
II the Italian voters of Amador
county did not hold the balance of
power in the election OF an assembly
man, California might never have had
the law which makes il possible for
the attorneys in the Calhoun case 10
select thirteenth or alternate juror.
This is how the law was placed on the
statute book:
J. II. Tibbetts. a mining man, form
erly OF Amador county. but now resi-
dent Of Redding. was the republican
candidate for the assembly in the cleo
tion OF 1894. The contest was close.
tle nlfcnme lenanniner IN tie lnr~o