The San Francisco call., 1909-07-09
CALHOUN MUST
FACE NEW Jury
PANEL JULY 10
Second Trial Set Despite Fight
for Delay by Lawyers
for Defense
Bitter Battle TO Get LawlOr
Out of Case Does Not
Succeed

United Railroads. despite strenuous oo-
jections Of his attorneys. viii go on
trial for the second time at $50 o'clock,
July 10. on the charge of Offering for
NOR Supervisor John J: Furey a bribe
Of $4,000 in connection, with the over
head trolley franchise.
This was decided upon in Judge Law
lor's court yesterday, after John j.
Barrett. Lewis Byington and A. A.
Moore. in behalf of the defendant, had
talked for more than an hour in an
effort to persuade the court TO postpone
the trial until after the coming cleo
tions.
AFRAID or POLITICS
The attorneys insisted that during
the heat and turmoil attendant upon
political campaign the trial could not
be conducted with tie calm in which
such q proceeding should advance but
me Judge stated that the Jury could be
secured long before the campaign be-
gan and that he would see to it that
no word Of the heat and turmoil was
allowed TO creep to the jurors ears
after they once were secured.
The dav began with the filing Of
counter affidavits by John OGara, VIII
liam OTIS and Judge LawlOr 10 the afi1-
davits presented by the defense FORCES
last week alleging bias and prejudice
on the part of Judge Lawior ana re-
ouesting q change of venue
SHOW LAwLOR's FAIRNESS
OTIS refutes the mild charges made
against him and O'Gara, though he
rointe5 out instances Of rulings made
by Judge Lawlor quite contrary TO the
desires Of the prosecutions. declared
himself firmly of the opinion that his
honor had conducted the trial through
ont without bias or prejudice. Judge
IawIor submitted an affidavit OF "a
Dages. in which he took up and refuted
each Of the objections made TO his &C
tions by the defense.
Then. after further argument. the
nudge denied the motion for a change
~ tenUe and declared himself ready TO
hear statements from either side as
10 the time 10 be set for the begin
ming OF the bribery charge upon which
Calhoun is next 10 be tried
ASK FURTHER DELAY
The afidavits were submitted at 10
in the morning and Immediately after
the defense was granted until o'clock
in the afternoon to read them and
prepare for their argument. At that
time however, they asked for i've
davs longer in which to consider the
afhdavits. and were denied Then they
argued that the change of venue mo-
tion should be heard before some other
nudge. on rhe ground that they would
feel embarFa ssed TO discuss IL before
Iawlor. but this request was also
denied AT that the attorneys an
nounced that they would submit the
change Of verrsle motion without argu-
ment. and Lawlor denied it and thus
cleared the courts business for the
trial
SHOULD PRESSsCASES
Il believe these cases should be
pressed TO a close" Judge Lawlor said.
BY that I mean that a verdict should
be rendered TO put an end TO them.
THAT is an evidence of your bias and
prejudice" A A Moore announced,
that unconsciously makes you single
OUT these cases from the great mass
Of cases as different from them and
requiring different treatment"
Judge LaWlor rebuked the attorney
for the remark, and declared IL near
the border Of contempt
John Barrett made she chief argu-
ment for a delay in the date of the
coming trial, and said that the state
Of facts to be tried were the same as
those already passed upon by jury
ia the three Ford trials and the
previous Calhoun trial OSara came
forward with the assertion that Bar
rett did not know what he was talk
ing about and called the remarks
~nonsensicaL" This provoked a verba
storm that reminded the very smal
audience OF the trial just closed, anC
promised bitter clashes for the tria
10 begin 10 days from today.
SOME VENIREMEN READY
Some % jurors. lett from the las
jury panel viii be ready for eXami
nation a week from Monday, and be
fore that time an additional pane
viii have been secured.
Judge LawlOr, in his affidavit. re
piled in fun to the defense attorneys
stating that ne did not know indict
Enents were to be returned agains
Ruef and Calhoun. He also denie,
bias toward Ford. and declared he hai
given Ford a fair ana impartial trial
He explained again how he had me
the assistant district attorneys re
quest and told them of the law re
garding the treatment by the court O
those turning states evidence n
mention OF Ruef or of any immunit
was made in this conversation. TIL
to have the graft cases assigned I
him.
HIS LEGAL RIGHT
To the rather strained objection o
the part of the Calhoun men that Law
lor had examined the jury himself tn
Judge returned a ready assent, but h
pointed out that the examination h
had conducted was that allowed b
law. and was for the purpose of eS
pediring the impeachment of the jur-
The crowning allegations in the dc
fense affidavits that Jurge Dunno ha
seated himself beside Lawlor durin
part of the trial. Judge Lawlor ao
Initted He granted that Judge Dunn
on visiting the court when it wa
crowded, had been granted the court
esy Of seat beside him. That Judg
Dunno had sneered and laughed Judg
Lawlor refused to believe.
LAWLoR's REPLY
One Of the strongest parts of Juds
Iawlor's affidavit follows:
Afiant warned counsel on both side
on more than one occasion, that the
must not persist in the line of COZ
duct they were then pursuing or af
Your Vacation
Where are you going to spend i