The San Francisco call., 1909-02-07
Can Opener Comes Near to
Being Required in Resump-
ton of Proceedings
Edward N. SewaIl, a Good Pros
pect, Excused After Re-
ceiving Compliment
William II. Schwerin Finds
Time TO Form Opinion in
Alaska GOIdfieIds
By w. Russell Cole

By w. Russell Cole
For a few minutes yesterday morn
opener might be required to exercise
an important function in the Calhoun
trial. When the order TO resume eX-
animation Of talesmen was given ii was
tOund that the lid Of the metal box in
which the slips containing the names
OF talesmen We're locked refused to re-
spOnd TO the key. Clerk Welch labored
for several minutes in the usual way
without success, and was on the point
OF giving up in despair. The deep in
terest in his struggle exhibited by
every one connected with the case,
however, nerved him to last effort,
the box flew open and the only Incl
dent Of the session that gave any
promise Of introducing novelty into
the proceedings vanished.
Hope of adding another possible
juror to the 10 in the box vanished at
about the same time, for Edward n.
Sewau. who was lowering close TO the
acceptance point when adjournment
was taken Friday afternoon, was ex
cused by Judge Lawlor.
SPIED LEAGUE BUTTON
L was his uncertainty as to the real
meaning Of the law embodied in a
tangle Of somewhat Trajectory de-
cisions OF the higher courts which
caused Judge Lawlor, to excuse Sewall
on challenge Of the defense. Judge
Lawlor questioned Sewan regarding
several answers he had given Friday
afternoon. Stanley Moore. whose an
tagouism to Sewall was first aroused
- the latter's admission that he was
a. member Of the Citizens League Of
NCstice. asked permission TO question
him further.
rs that a League OF Justice button
you are wearing" Moore asked.
Sewau answered that IL was, and
stated that his sympathfes were with
the principles OF the league.
Now, frankly" asked Moore. "is
there much doubt in your mind as TO
the correctness Of the opinion you now
holdg"
O'Gara objected to the question as
being intended TO convey an intimation
that some Of the talesman's answers
had not been given frankly. and Judge
Lawlor sided at once with Sewall on
this point.
This juror holds the highest place
tn the courts mind" he said. and If
St is intended TO reflect on his candor
during the previous examination this
question viii not be permitted"
Moore disclaimed any intention of
conveying such an insinuation and
Tyorded his question anew. Sewall an
swered that he believed at the present
time that his opinion was correct.
JUDGE COMPLIMENTS JUROR
Judge Lawlor brought the Sewar 'n-
ouiry to an end by summing up the
status Of the examination as a whole.
This case" he said, illustrates more
sharply than any other that has arisen
The uncertainty of the decisions rela-
af sn
a jurors mind. / believe that this
Juror represents the very highest
type Of character and intelligence
and am satisfied that he is of
such mental makeup that he could
exercise the control of his faculties
and set aside his existing opinion. If l
were less concerned as to what might
be held as a legal proposition else
where / would have no hesitancy in dis
allowing this challenge. AS IL is. how
ever. the challenge VIII be allowed and
the juror is dismissed"
,FORMED OPINION IN ALASKA
+ william II. Schwerin Of $50 Fourth
avenue, a mining man, had been absent
from the city a great deal during the
last few years. looking after business
interests in Alaska. but had found time
10 form a definite opinion concerning
the defendant
William Scheppler, a jeweler of 1892
Mission street, showed a disposition to
lean to the side of the prosecution and
coupled an opinion with this.
William /. Wethered of 1920 Masonic
avenue, a grocer. was in no state of
mind 10 give a fair trial, he said, be-
cause Of the existence of a decided
opinion. Orlando 3. Shay OF 365 Elev-
enth avenue, a book keeper for a ship
ping and lumber company, was disposed
Of for like reason.
WAS QUITE OPINIONATED
There was a clash during the ex-
animation Of Luke B. Flynn, secretary
10 James L. Flood, which was precipi-
tated by his statement that he would
not believe "the bunch of boodlers" un-
der oath. and could not act fairly.
Case to Be Reassigned
Judge Murasky announced yesterday
that he would be unable to preside at
the retriaI Of Adolph s. Newburgh, who
is charged with attempting 10 corrupt
a Juror. The case was on his calen-
dar TO be set for trial. The Judge said
that there were so many civil cases
ready for trial in his department that
IT would be necessary 10 reassign the
Newburgh case to some other depart
ment
Prosecutor Cook pointed out that as
Judge Cabaniss was a witness in the
case, and as Newburgh would prob
ably be able to disqualify both Judge
I.awlor and Dunno, IL would be neces-
sary TO call in an outside jurist in
Judge Murasky's place.
Robert Ferral, attorney for New
burgh. urged Judge Murasky not TO
transfer the case, as he was familiar
with all the law points involved, hav-
ing already passed on them.
y No definite action was taken by
Judge Murasky yesterday. He put the
matter over for a week, intimating
very strongly. however. that it was al
most impossible for him to try the
case.