Los Angeles herald., 1909-02-02
CALHOUN'S TRIAL
MARKED BY HOT
VERBAL CLASHES
JUDGE LAWL0R WARNS LAW
YERS TO DESIST
COUNSEL INDULGE IN LIVELY
WAR OF WORDS
Brother of Attorney for Home TeIe-
phone Company Says He Believes
Supervisors Got Bribes
from Corporation
[By Associated Press.1

EN AN FRANCISCO, Feb. Twenty
two citizens summoned as pros
~ pective jurors in the trial of
Patrick Calhoun, president Of the
United Railroads, who is charged with
bribery, were disqualified during four
hours Of actual court proceedings to-
day and at no time did it seem likely
there would be. an addition to the eight
jurors temporarily accepted.
When today's session ended more
than 500 talesmen had been summoned
to attend court during period of
three weeks, and more than 200 had
been actually examined by the attor-
neys.
A seventh special venire of seventy
five names has been ordered to appear
Wednesday. by which time, it is ex-
pected, the sixth panel will be ex-
hausted.
Judge Lawlor, pounding forcibly upon
his desk, interrupted the examination
of the last talesman to say:
'tThis is a question that should have
been asked some time ago. Any attor-
ney who wastes the time of this court
in the manner just illustrated is TAX
ing a good deal upon himself. We have
| expended twenty minutes in listening
to this fruitless Interrogation and it is
my intention that this experience shall
not be repeated
| Session Then Ended
Judge Lawlor, who had himself asked
| the taleSman several questions, then
directed that the prosecution take up
the examination and the session ended
few moments later, after Francis J.
| Heney had interposed a challenge that
was allowed.
! At the opening of the afternoon ses-
sion Mr.. Heney, who entered, accom-
panied by William J. Burns, called the
attention Of the court to a remark
made last Friday by Stanley Moore of
the defense. who had said that Mr..
Burns might have knowledge Of the
activities Of solicitors Of the San Fran
cisco Call, who were charged by Mr..
Moore with attempting to ascertain.
how residents Of this city regarded the
graft prosecution.
''Mr. Burns is here,' said Mr.. Heney,
"and we challenge investigation"
The former secret service agent was
accordingly sworn and Mr.. Moore
asked:
Are you aware, as special agent Of
| the district attorneys office, that GER
| tain solicitors representing themselves
as acting for the San Francisco Call
| during the past few months interviewed
II
endeavoring to secure subscriptions,
have engaged these people in CONVEX
sation about the so-called graft porse-
cution?'
''I became aware that charges to this
effect had been made in court last
week, but never heard of it until Mr.
| Heney told me what had been said,"
| replied Mr.. Burns.
did you receive no report to that
effect from any of your assistants?''
Just Learned of 1t
None at all, because no person con-
nected with the district attorneys Of
flee has been engaged in any such un-
dertaking.''
| The first clash of the day between
! counsel occurred after William l.. Gers
/ tie, promoter of Alaskan enterprises,
| had declared himself unwilling to be-
| lieve the sworn testimony of any for
mer supervisors who might be called
! as witnesses.
Mr.. Heney, when it came his turn to
examine the talesman, elected that he
was the brother of Mark Gerstle, attor-
4 ney for the Home Telephone company.
do you know that the supervisors
confessed to receiving money from the
Home company?' asked Mr.. Heney.
Objection was interposed by A A.
| Moore, but the assistant district attor-
ney, addressing Judge Lawlor. said:
| Counsel knew when they were en-
| deavoring to retain this juror that he
was a brother Of Mark Gerstle, and
| they insisted upon his telling before
these other jurors that he would not
believe the supervisors under oath.
am only trying to discover his state of
mind"
Addressing the talesman Mr.. Heney
said: F'Mr. Gerstle, did you read that
the supervisors confessed to receiving
money in the Home Telephone compa-
ny matter?"
Eyes. I did," replied the talesman.
"And do you believe they did?' was
| the next question.
ST do,' the talesman replied
Another objection by A. A. Moore in
volved the attorneys in war of words,
and Judge Lawlor, after ruling that the
prosecution had a right to ask ques-
| tions under discussion, refused to hear
any further argument or suggestions.
RkINEi FMn nIOAHnEAnN