The San Francisco call., 1909-04-01
By w. Russell Cole


With nearly three months already
spent in the impeachment of jury
the actual beginning Of the trial OF
Patrick Calhoun is at last in sight.
Four additional jurors were sworn yes
terday to try the case making 10 now
in the box, and there is at least a fair
prospect that the taking Of testimony
viii be under way before the end of
next week
For the second time since the begin
ming OF the 5ury impeachment the at
torneys We're called upon yesterday TO
exercise. peremptory challenges and the
result was most encouraging. Only
two Of the last six men passed sub
. sect to peremptory challenge were ex-
cused. and the attitude taken by the
attorneys for the defense is an indica-
tion that re effort viii be made by the
defense TO exhaust the full quota of
10 peremptory challenges
The statues provide that no appeal
can be based on any alleged error
committed by the court in the impanel-
ment Of the jury unless all the per-
emptory challenges allotted to the de-
tense
Ruef case this point was taken advan-
tage OF and peremptory challenges were
used by the defense after Ruefs at
torneys had practically admitted that
they We're satisfied with the personnel
Of the jury. None Of Calhoun's attor-
neys would say yesterday whether they
intended 10 follow this precedent or
not, but the stand taken in relation to
the men already in the box was gen.
orally accepted as a negative answer
TO the query.
TWO PEREMPTORIES USED
When challenges were called for the
prosecution used one and the defense
used one. Then both sides declared
they were satisfied. This leaves the
prosecution with but one peremptory
challenge on hand and the defense with
six Another talesman was temper
arily passed before the day was over,
and so the jury box stands with 10
men finally sworn 20 try the case and
with another accepted. so far as any
challenge for cause is concerned.
There was a long whispered confer
ence among Calhoun's attorneys before
the announcement was made that the
four additional jurors in the box were
satisfactory. William ". Abbott, who
has not been present in court since
the sensational exposures were made
last week concerning the presence of
stolen jury reports IN his private safe
was q party to this discussion. Abbott
IS a sort Of analytical chemist regard
ing the qualification OF jurors, having
been at the head Of Calhouns bureau
Of investigation since the beginning of
the trial, and his advice could not be
dispensed with.
II was evident that there was no
dissatisfaction on the part Of the de-
fense regarding the jurors under con-
- -5T -
Of discussion at this conference was
whether the plan of defense should in
clude the exercising Of all peremptory
challenges.
COURTS RULING BROAD
That only one peremptory challenge
was used by the defense was undoubt-
edly due to the latitude which Judge
Iawlor has allowed in ruling on chal-
Ienzes for cause. So broad have been
the rulings OF the court that even a
layrnan would declare that no grounds
remain for successful appeal on any q
the fnnumerable exceptions that have
been taken by the defense. Evidently
this was realized and the determine
ton was reached to keep the satisfac-
tory jurors already passed rather than
run the risk of impaneling some unde-
sirable juror in order 70 save a tech
nical ground Of objection.
Henry C Graham, collector. was the
tafesn1an peremptorily excused by the
nrosecufion. and Joseph E. Clark, car
renter was the one disposed Of by
the defense. The four finally sworn TO
fry the case were James r. eastman,
clerk: Theodore Binner. plasterer and
ornamental decorator; Charles X Blen-
der real estate dealer, and George O.
Gillespie, building contractor Before
tbe afternoon session Of court ad-
sourned Otto T. Hildebrecht, a retired
destqner was passed for cause, leav-
ing the jury again with but one va
cancy 70 NIL
william D. Harrington, the saloon
l,eeDer who was adJudged guilty OF
.ortenDt OF court for addressing Juror
Rlender last Saturday on the subject OF
.be trial. appeared in court at moor
an order Of the court and the commit
,,sa,+ was issued sentencing him to the
,.o,,n+v tail for Eve days. When Har-
,-t,eto- appeared Blender asked per
,nfsefon 70 qualify his testimony OF the
80. before concerning the hour of the
Ssy mat he was in Harrington's saloor
-s,,,rsav He said that he was no'
,ositfve as to the time, and that .
l-srr,t nave been after o'clock instead
- near 4 o'clock when the conversa-
tion in question occurred.
.psor,yEs sALLOONMAN's WIFE
r,,o,aer.s statement absolved Mrs
,,-1s.at harrington of the charge OF
+esttfvfng falsely as to the hour a.
,-tsch her husband left home Satur.
~ AFTERNOON, for she swore when or
- card Tuesday that Harrington hae
-. ,e<+ the house until about o'clock
11e-Ssr repeated the declaration, how
a,-s- that II was Harrington who spok'
"a him. and the latter attempted ns