The San Francisco call., 1909-02-25
RETROGRESSION
MARKS DAY IN
CALHOUN TRIAL
One Juror Accepted, While Two
Are Excused on Challenge
for Cause
Both Sides Attack Men Already
Seated, With Another
Threatened
Court and Heney Indulge in Dis
CusSiOn on the Art of
Patience
By w. Russell Cole

talesman was accepted TO fill the
twelfth place in the jury box, but to
offset this incident or progress two
jurors who already had been accepted
were excused on challenge for cause
and a third was being subjected to re-
examination when adjournment was
taken last night.
The peremptofy challenge stage
seems rs far off as It has ever been
For a few minutes yesterday there
We're u men in the jury box. but this
did not mean that the first epoch of
the trial was closed Instead Of eXer-
cising peremptory challenges the at
torneys for both sizes attacked jurors
already in the box. with the result
that but 10 remained when the over
night recess was ordered.
Thomas Lockwood of $50 Frederick
street. tool maker. was the one ad-
dition 10 the jury, while John Scollard
and Arthur S. Holman were the two
dismissed. Scollard was challenged by
the prosecution. and Holman by the de-.
fense, and each was excused over the
objection Of the opposing side. David
. ldoizberg also was challenged by the
prosecution and supplementary in
quiry was under way when the session
OF court was brought TO a close.
ALLIANCE MAN SEARCHED
a slight sensation was caused dur
ing the afternoon session when Cap
tam J. Mckinery, manager Of the Citi-
zens alliance was called out Of the
courtroom and searched by Sergeant
callahan OF the police department on
the suspicion that he was armed. Nc
kiuery was elected from the portion
OF the room reserved for jurors when
he hrst entered, and his actions after
Ae had been seated on the opposite side
Of the main aisle caused him TO be
watched carefully by the officers Of the
special courtroom detail. He was
nnally asked TO leave the room. and
In the entrance way was subjected TO
a search. a suspicious looking object
IN hls hip pocket turned out to be
casket of 5ewelry which he declared
belonged 10 his wife. He made siren
uOus objections TO the search, but was
forced TO submit to il and later was
allowed TO return TO his seat.
During the morning hour a confer
ence was held between Judge Lawlor
and the attorneys representing the
prosecution and the defense, concerning
which none Of those involved would
make any statement. Juror Robert B.
SymingtOn approached the court twice
CURING AAt Jay anu " dS tdEl llILe Ell
gagged in a lengthy conversation. 1t
was generally understood that Syming-
ton had asked to be excused from jury
service for personal reasons and that
The conference related TO this request.
Thomas Lockwood, the juror accepted
yesterday subject TO peremptory cnal-
lenge, VRs under examination when ad-
5ournment was taken Tuesday after
noon and was the first man called yes
terday. he expressed himself as hav-
ing no opinions which would disQualify
him from jury service and although he
had worked in a shop which employed
nonunion labor, said that he had never
been in conflict with any of the local
unions. He asserted his belief that i'm
munity contracts should not be given
except in extreme cases and declared
that he would not accept circumstantial
evidence unless it was supported by
other evidence. Despite this stand, he
was passed TO the jury box by Assist
ant District Attorney O'Gara after an
extended examination.
SCOLLARD Is DISQUALIFIED
Judge Lawlor having announced that
the attorneys were at liberty to re-
open the examination Of any talesman
before exercising peremptory chal-
lenges, the prosecution put Scoilard
upon the grill for the second time He
was asked by Heney if he had not ex-
pressed an opinion UnfavOrable to the
prosecution during a conversation with
Timothy Donovan, a Mission street
cigar store man. Scollard replied that
he had not. but admitted that he had
known former Mayor Sehmitz 10 years
ago in Nome. Alaska. and had talked
with him a few times since he was
indicted. This. he said, would not in
huence his action as a juror. The
prosecution asked for a delay in order
10 introduce witnesses to testify con-
corning Scollard's state of mind, and
an adjournment was taken until after
noon, when Donovan was called into
court and put upon the stand.
DOnovans testimony evidently was
not up to the expectations of the prose-
cution, for he said that he had not
heard Scollard make any direct state
ments which might be used as a basis
Of disqualification Heney. however
read at length from the transcript of
ScoIlard's testimony on his first ex-
animation, and insisted that he had
indicated a state of mind which would
make him unfair as juror. Judge
LaWlor settled the question after
long argument by ruling in favor of
the challenge on the ground that all
doubt should be resolved on the side
Of a challenge.
DEFENSE CALLS MOORE
Following the dismissal Of Scollard
Stanley Moore asked to reopen the ex
animation OF Arthur S. Holman the
Pacific coast manager Of the Travel
ers insurance company, who was
passed to the jury box about two
weeks ago. Holman was attacked Ynon
the ground that he had made statements
unfavorable 10 the defense. He was al
an insurance convention in Monterey
at the time Of the Heney shooting. ana
admitted that he had taken consider
able interest in developments at that
time and had discussed the matter with
several friends while returning from
the convention. Holman called the at
tention of the attorneys to the fact
that he had testified on his first ex
animation that he believed money had
been paid TO the supervisors in con
nection with the trolley matter This
matter Of his opinion was gone into at
some length, and a challenge was
finally fnterposed by the defense and
allowed by the court
Heney asked several questions of
Jurors Joseph r. Emmons and Charles
Cuvdarn relative n new tiers