The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-02-04
SCathing Rebuke Given Tales
men for Confessed Refusal
to Regard Evidence
Husband of Haas WOmanFriend
Watches Proceedings in
Morning Session
By w. Russell Cole

Opinions were voiced which in the
majority of instances were not of
nature 10 raise the self-esteem of Pat
rick Calhoun, but at the same time a
number of talesmen expressed them
selves with equal vehemence as being
strong admirers of the defendant. One
Of these latter was Robert n. Graves
Of 272O Sacramento street, a well known
broker. whose admission that he would
allow personal prejudice to rule over
his sense Of duty gained for him a
seathing denunciation by Assistant Dis
trict Attorney Heney.
SYMPATHY WITH DEFENDANT
NY sympathies and prejudices are
ali with Mr. Calhoun, Mr.. Ford and
their associates" asserted Graves. MY
friends are all of that class. and I
never would vote to punish any of
them"
DO you mean to say that if sworn
as a juror you would not convict the
defendant if he was proved guilty by
the evidence?" demanded Heney.
i wouldn't find him guilty under any
condition" declared the talesman. en-
phatically.
And you call yourself an American
citizen" cried Heney in a voice bitter
with scorn.
We object to that" shouted Stanley
Moore. 1t is an insult"
No" answered Heney bitterly. lit is
not intended to be an insult. but it is
meant as a reflection on his citizen
ship"
A. a. Moore interrupted with a sec
ond objection and asked the court to
instruct the jurors that no attention
should be paid TO Heney's remarks con-
csrning citizenship, but Heney was not
% be silenced so easily.
Il think that any man who makes a
statement such as Mr.. Graves did there
is unfit TO be an American citizen" he
charged. Then he challenged the tales
man, and Graves left the box without a
word. Judge LaWlOr instructed the
jurors not to consider any statements
made by counsel: but this did not salts
Il a. A Moore. who took an exception
on the ground that The instruction was
not specific.
SIGMUND COIN IN COURT
During the morning session of court
occurred an incident almost parallel
with the one which stirred the court
room Wednesday morning. Sigmund
Cohn. the husband of Miriam Cohn,
whose sppeara in court caused
mild sensation Wednesday, slipped into
the room and found a seat near the door.
He was recognized almost instantly by
James Foley and John Mccarthy, He
ney's bodyguards, and because of the
relations which existed between the
Coins and Morris Haas. the man who
attempted Heneys murder the matter
was not allowed TO end without an in
vestigation. Charles Oliver. one of
Burns special agents, seated himself
Immediately by COINS side and after a
few minutes asked him TO step into the
vestibule and thence to an anteroom.
There Cohn was searched and ques-
toned as to the cause Of his visit.
Cohn told Oliver and Policeman
RObl. who also Intercepted him, that
one object OF his visit to the courtroom
was 10 find out just what had occurred
when his wife went there and that he
wished at the same time TO meet Heney,
whom he admired very much Beyond
this. Cohn made no explanation, except
10 say that his wife had told him she
had not gone TO the court seeking an
attorney herself, but was looking for an
attorney whom her companion wished
10 see. After a short talk with the Off
GERS, Cohn returned to the courtroom
for few minutes and then left.
JUROR POWERS ILL
DR.. James H Seymour. who is attend
ing Juror John H. Powers. was called to
the witness stand yesterday morning
under order of the court and questioned
by Judge Lawlor and the attorneys re-
garding the patients condition. DR..
Seymour stated that Powers was suffer-
ing from muscular rheumatism and
neuralgia, which might conflne him for
week or 10 days and that there would
be some probability of recurrence of
the illness in case he attempted to serve
as a juror. Judge Lawlor decided to
hold the matter Of excusing Powers in
allegiance for the time being, but 1T was
evident from the questions asked nv the
attorneys that the defense was opposed
70 having him excused, while the prose-
cution favored such a measure if there
was any doubt of his ability to serve
10 the end Of the case.
Harry d. Saville of 1859 Twelfth ave-
nue., chief engineer of the Merchants
Exchange building, was a talesman
with decided opinion which he had
no hesitancy in expressing. His opinion
went TO the question Of Calhoun's guilt
ana ne declared his belief that the
graft prosecution stood for the city's
best interests, yet he thought he could
put this opinion aside If chosen To act
as a juror.
L think that any man worthy If citi-
zenship should be governed by the owl
dence and not by his own opinion and
] would endeavor to the best of nv
ability TO act accordingly" he said 1T
don't believe any man of ordinary in
teiligence can come into this box at
this time and say he has no opinion 7
think a man who would say that IS
either an idiot or a liar-one of the
two"
TALEsMAN IS EXCUSED
Despite his statement. Saville u-.s
challenged by the defense and excused
i would take into consideration the
position held by Mr.. Calhoun with the
United Railroads." said John
French, IRE insurance man. In other
words, 1 don't believe that any once
boy OF the United Railroads paid thai
bride money, and I do believe that
IL was passed and corruptly used {"
French was excused.
Charles r. Ford. cashier of the Carl
son-Currier company, had belief that
Calhoun was guilty, founded he said.
-'on the personality of the defendant
or