The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-02-03
By w. Russell Cole

Indications of renewed progress in
the Impeachment Of jury lifted the
Calhoun trial yesterday out OF the rut
into which it has been gradually
settling. and before the symptoms
abated two possible jurors were al
lowed to slip through and take their
places with the eight in the jury box.
Coincident with this, however, there
WAS a backward slide. brought to at
tention by Judge Lawlor's announce
ment that 8 serious illness might pre-
vent the further service of John II.
Powers. an architect numbered among
the eight already passed subject to
peremptory challenge
The court referred to Powers sick
ness just before the close of the after
loon session. stating that number of
differences with the talesman's ply
scian already had been held over the
telephone and that the latter had said
Powers might be confined to his bed
for week or 10 days. Powers was
taken i'll with pleurisy over Sunday
and did not appear in court either yes
terday OF Monday Judge Lawlor sug-
gested that the attending physician be
summoned into court and questioned
by the attorneys, and il is possible
that this will be done either today or
tomorrow.
When Powers illness was announced
Stanley Moore proposed that pending
the outcome OF his sickness he might
be deemed as present in court for the
purpose Of peremptory challenge and
not dismissed until such a stay was
proved absolutely necessary. Judge
f.cu ho xrio 70
complete the jury at the earliest pos
sible minute, but that Powers ply
Eician had stated TO him that jury con-
hnement might work great injury to
his patient Under the circumstances
the court declared that he would dis
miss Powers Immediately rather than
take any risk OF having the trial in
terfered with after II was once begun.
The matter was put over until today
Tor further consideration.
TWO SATISFACTORY
The two talesmen temporarily ac-
cepted yesterday were James A God
frey, proprietor Of a lodging house at
201A Webster street and Joseph E. EN-
mons Of 24o0 Geary street, proprietor
OF a carpet cleaning works. Both men
were passed during the morning ses-
sion without challenge from either side.
and in neither case was the examina-
ton particularly extensive. Both ad-
mitted that they had read and heard Of
the graft cases IN general and the par
ucular case on trial, but that they had
formed no opinions which would pre-
vent them from giving all parties in
Interest a fair and impartial trial.
A small hutter was caused in the
4 courtroom before the noon hour by the
- ppesrance in court of Mrs Miriam
C0hn, the woman who was an intimate
Of Norris Haas prior to the latter's at
tempt 10 murder Francis J. Heney. and
who came into considerable notoriety
after Haas committed suicide at the
county jail Heavily yelled and ac-
companied by another woman of at
tractive appearance, Mrs. Cohn stepped
from the vestibule into the body of the
courtroom and stood for a moment near
the door. looking uncertainty about
her Policeman +. W. Robl of the
courtroom detail started to lead Mrs.
Cohn 10 a seat IN the front of the room,
but suddenly recognized her as the
woman whom he had seen at the
morgue after the Haas suicide
hODl turned and secured seats for
the two women in the rear of the
room and then sat down with them He
at once asked Mrs. Cohn her name and
she admitted her identity without hes
itation. She explained to Robl that
she had visited the court in search of a
collection attorney named Adams
whom she had made several futile at
tempts 70 see at his Office. and then
asked Robl TO point out to her Henev
and Patrick Calhoun. Robl told her
that she had acted unwfsely in enter
ing the courtroom and advised her TO
leave at once She acquiesced without
hesitation. and when told that her an
pearance was likely to cause comment
offered TO submit to a search of her
person
The whole incident had occupied not
more than five minutes up to the time
Robt ushered the two women out of
the building, but Heney's bodyguard
lanes Foley, had seen and recognized
Mrs. Cohn and informed Heney of her
presence in the room. Just as the
women left the building Heney arose
from his seat. instructed Foley and Nc
earthly. the two bodyguards, not TO ac-
company him, and followed the women
10 the door. He expected, he said. to
question Mrs. CQhn as TO the. reason
II her visit, but Vas too late to inter
eapt her before she left the building
VI Earl Rogers. the Los Angeles menu
ser Of CsIhouns legal stan, returned
20 the courtroom yesterday afternoon
and took an active part in the exami-
nation OF several Of the talesmen. Sew