The San Francisco call., 1909-03-31


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side issue in the Calhoun case
moaopolized the interest attaching 70
The progress Of the trial yesterday and
overshadowed in Importance the sew
eFal 'adNancements which were made
along the accustomed lines Of jury
tmpapelment. This side issue was
{ne investigation Of the CONTEMPT OF
court committed by William d. Har-
fiagton, a saloon keeper, in addressing
Juror Charles K. Blender concerning
The case on trial
After making a hard fight TO prove
an aIibi and show that he had not
made the remark reputed to him by
Blender, Harrington was found guilty
Of contempt and sentenced to serve
Eve days in the county jail. The ruling
Of lhe. court and the manner in which
the Investigation of the entire matter
was handled were of the most sum
narE kind The whole occurance was
warning to every one concerned either
N--~Nt4e u indirectly IN the Irlal. that
tae court viii not tolerate the slight
est Interference with any juror sworn
70 pass on the question of the guilt or
Innocence Of Patrick Calhoun.
The judgment Of the court was more
than: d mere sentence imposed on
Bender It was. by inference at
least a charge Of perjury directed
Fred p Donovan, a bar tender employed
by Harrington. The testimony Of
these three persons. given under oath.
was directly IN conflict with the sworn
af5dsrit of Blender, aGd the decision
Of TIE court amounted to an express
sion Of Judge Lawlor's belief that all
three had deliberately lied.
SALOON KEEPER's REMARK
The Harrington matter came to the
attention Of the court Monday. when
BteRder. who has been passed subject
10 peremptory challenge. informed
Judge I.awlor that he had entered
Hs rrjngtOn's saloon at Eighteenth and
Diamond streets between and
O'Clock last Saturday afternoon and
bad been asked by man behind the
hsr If he intended Ito hang Pat Cal
hefsp" Blender described the Incl
Dent in detail in affidavit filed with
the court Monday afternoon, and q
CITATION was issued ordering the un-
identided person who had made the
rerna TX. to appear in court yesterday
morning and show cause why he
should not be punished for contempt.
BIender positively identified Harring-
ton as the man who had spoken to
lsin in the saloon and when he took
The witness stand yesterday morning
declared that another bar tender had
recognized him and had mentioned the
fact that he knew him TO be a juror
from having seen his picture in the
1,r~
Bender as Fred P. Donovan, Harring-
ton-s bar tender When Harrington
appeared in court yesterday morning
lie was represented by Attorney Her
bert Choyuski. It was generally sup
posed that his defense would be that
he had simply made the remark
,55ofteatlessIy. and there was real
slrprise when ne took the witness
sfand. and fatty contradicted Blender
i,, declaring under oath that he had
not been in the place mentioned be-
tween and O'Clock on the afternoon
u question.
WITNESSES ARE CALLED
Harrington testified that he had
<pent- all saturday afternoon at his
home and said he had never, 10 his
kaoHl edge. seen Blender at any time
5rhe investigation was put over until
+ zfrernoon 10 give Harrington an op-
tender. as q witness. and when Har-
Tington reappesred he was accompa-
MED not only by his attorney and Don
evan, but by Mrs. Harrington. who car
raed = young baby in her arms. Mrs.
E5arrin gton was called to the stand by
.i.lYovnSkf and testified that her hus-
band had not left their home Saturday
!. afternoon until 20 minutes after
O'Clock she was questioned briefly by
A 4
lre}d 70 her first statement. No at
enlpt was made TO impeach her directly,
but she was asked to name the hour
her husband had left the house on
several days preceding and succeeding
3 saturday. and IN each case gave her
( answers without hesitation.
!: Fred p Donovan was next called to
-the stand and proved to be a shifty
witness. He confined his answers to
yep" and Nope except when asked
TO state something directly, and al /
lowed his eyes TO wander all over the
room instead OF meeting the gaze Of
his .ouestioners. He declared that he
had been in the saloon all Saturday
afternoon. that Harrington had not
been there until after clock and that
he. did not remember Blender entering
the place or having ever seen him un-
til he came into the courtroom
examination again and asked Donovan
what kind OF rye wbiskey Harrington
cid keep. Donovan returned a hip
pant answer, and then realized his
mistake and tried to explain. Rogers
contented himself with q feE ques-
tions and sat down. Thomas Don
nelly, workman employed by Blen-
der. told Of Blender going toward the
saloon in question at o'clock exactly
On this the case was submitted to the
court and the ruling was given at
once.
JUDGE REVIEWS CASE
ATae testimony introduced is of
somewhat strikingly divergent charac-
Ter" began Judge Lawlor. but the
court is satisfied that the juror did ap-
pear at the time and place indicated
and that this remark was there made
by this respondent. It occurred TO the
court this morning thas such remark,