The San Francisco call., 1909-08-03
CALHOUN Jury
BOX CONTAINS
ONE OCCUPANT
TaIesman Temporarily Passed
Despite His Censure and
Criticism
Eleventh Venire Practically Ex=
hausts List and Sheriff Or
dered to Impress Men

criticised the prosecution and chided
Judge LawIor. Thomas Gainsford,
master plumber living at 1918 Ninth
avenue. was accepted as a temporary
juror in the Calhoun case yesterday
afternoon, without objection from the
attorneys on either side-or the judge
whom the talesman so naively scolded.
Tt seemed for a time that the days
session would be made notable by the
acquisition Of another juror. for David
S, .Siphers for nearly an hour wealth
ered. with success the various queries
/: Of the lawyers. Judge Lawlor finally
had this talesman's further examina
aon continued until today. but it is
NOT. thought that he will be acceptable
rg.the defense. because of the trend of
certain answers made just before his
.seSamiration was postponed.
AT the end of his long inquisition
Ga1nsford testified positively that he
had no notions or opinions that would
affect his judgment in the case or
prevent him from giving a fair and
i1npa rtial trial of Patrick Calhoun. In
answer 10 Langdon's question he
stated also that he had no bias or
q preJidice against the prosecution. He
prould listen to the evidence and make
shis decision from that only. and the
.3a.NE. as laid down by Judge Lawlor.
Every indication is that Gainsford, far
fre1n sharing the fate of Carl F. Haas,
. the temporary juror secured one day
last week and excused the next, will
continue on the jury without chal-
lenEe from either side.
JUROR PROVES INTERESTING
t4ainsford's ideas of justice, his de-
cided opinions upon the conduct of
cases and operation Of the law, gained,
as he himself stated, from experience
as a juror in several courts, caused
considerable interest among spectators
% at the trial, the attorneys. and even
Judge Lawlor himself, who allowed
his. usual judicial serenity TO give
place. on occasion, to something
closely resembling an expression of
amusement. Especially free was the
Juror in pointing out the long life Of
.fhe. Calhoun trial and offering sug-
gestsons as TO an improvement inAhis
regard.
;. eWould you be willing. If you were
the. defendant. to be tried by u jurors
sn:the frame Of mind in which you are
nOw2" Attorney John J. Barrett asked
the: tslesman.
YES. j would be quite willing to
so up against IT," answered Gainsford.
= And you mean by that
II mean that I would be just"
7.'You feel that you could give an
: Impartial decision on the case"
u DO. Several times I have served
asa juror in the lower courts and on
one occasion the judge complimented
Us upon our verdict. He said that we
returned the very judgment on the
ease that he would have given him
self"
: ~Did he say that before or after
the decision2" asked Barrett smilingly.
After it," Gainsford replied seri-
olisly. I have forgotten the judges
name but I know he lived across the
bay in Berkeley. He is dead now"
It proved TO have been Judge Camp
bell who had complimented the juror.
GAINSFORD WITHOUT BIAS
After eliciting that the talesman had
no bias. would grant Calhoun the pre-
sumption of innocence and felt that
he could serve honestly and with i'm
partial mind Barrett rested his Queries
and District Attorney Langdon took
I'D the examination.
Gainsford had nothing against the
prosecution. He said he knew one
of the district attorneys assistants,
whose name he could not remember.
Il have met him around here and
there" Gainsford said, "at Irish picnics
or balls, perhaps, but not Otherwise
He lives in the Richmond district"
The fact that the supervisors had
been granted immunity did not affect
Gainsford's judgment and neither did
Ruefs immunity from punishment-or
Ruef's subsequent conviction. The
talesman further said he believed in
circumstantial evidence, provided il
was strong enough. and thought many
cases could not be proved without its
aid.
Then the district attorney asked the
question which brought forth the tales
mans rebuke TO the attorneys and the
Judge for the time taken UP with the
Calhoun trial He said, however, that
the weeks and months consumed by the
trial would not affect his mind, but
that if he were put in the harness" he
would go through"
Langdon passed the talesman at this
5uncture and Barrett. after discovering
that Gainsford was not biased against
Calhoun because Of the car strike
agreed.
BELIEVES CALHOUN GUILTY
The next talesman to be called after
Gainsford's examination was finished
was David S. Siphers of 1877 Bust
street, who seemed for time sure Of
a seat beside the newly chosen juror
He pleased the defense by stating thai
he had a very good opinion" of Cal
houn because Of the car strike, as ht
thought Calhoun was in the right ir
the matter and took a firm stand, and
then drew their wrath by averring
after a long examination, that he raLh.
er believed that bribery had taker
place, and that Calhoun must have
known Of il.
This admission promised a verba
bout OF unknown length. and Judge
Lawlor had the examination Of the
talesman continued until today
In all, 81 talesmen were examined
by the attorneys. and commendabls
speed made in all particulars. Judge
Lawlor examined the venire of lOl
brought in in the morning and turned
the available portion of this over t.
the attorneys.
The eleventh venire was drawn yes
terday morning, making LILO name,
now taken from the big juror box
This means that there are 40 name,
left in the box. and that. when fhii
mornings drawing exhausts that mum
Der the sheriff will be called upon. a.
in the first Calhoun trial. to ffnpres,
whatever material he can from tn,
street This latter method of secur
ing talesmen. however, is much nor,
SnpeSv than the method now nracffceG