Los Angeles herald., 1909-02-17
HENEY AGAIN in
CAUSTIC MOOD
THREE OF CALH0UN'S JURORS
ARE DISMISSED
ONE TALEsMAN QUALITIES TO
FILL VACANCY
Counsel for Defense Objects to Heney
Exploiting HimseIf-Dramatic
Verbal Clashes Mark
Days Session
LBr Associated Press.l

SAN FRANCISCO, Feb. 16.-Three
of the twleve jurors temporarily
passed to try Patrick Calhoun on
charge of bribery, had been excused
or dismissed when today's session Of
court ended and another citizen had
unexpectedly qualified for place in the
jury box.
With two places remaining to be
filled the completion of the jury ap-
pears to be retarded at least a week,
and the fact that perefnptory chal-
| lenges are still to be exercised indi-
Gates the trial will establish a record
for duration over the preceding series
Of bribery graft trials.
1t was clearly shown today that the
conduct of every juror heretofore ac-
cepted has been subjected to keen sur
yeillance by agents Of both prOsecu-
tion and defense.
In two instances members of the
panel, who were subsequently excused,
were obviously aStonished to learn the
extent of the information relating to
| their private lives possessed by the
prosecution.
One of the jurors, Walter J. Rock,
was on the verge of tears when he
appealed to Judge Lawlor for an order
of discharge after a severe examination
by Assistant District Attorney Heney,
and another-Walker L. Baskette-in-
sisted it would embarrass him to re-
turn verdict against the defendant
because his employers had sold goods
to the United Railroads.
Both Men Long in Box
Both men had occupied seats in the
box fer a fortnight or more.
1t was intimated there may be fur
thor of hn fY1fo OfC
more of the jurors comprising the
original complement Of twelve, and
nearly a dozen witnesses, summoned
| for some purpose not yet revealed
were excused with the understanding
that they would return at some future
date to be later determined.
AS was apparent during yesterday s
court session, the relations between the
opposing attorneys today appeared
more hostile than usual and there were
I,several sharp exchanges between Mr..
Heney and Stanley Moore of the de-
/ fense.
! One of these occurred after George
M. Rudeback, a talesman, had been
examined and passed by the defense.
The juror had expressed a belief that
business prior to the great fire of 1906
was conducted in such a manner that
nothing could be accomplished unless
the supervisors in office at that time
were bribed to facilitate the passage
of municipal legislation.
Manhood insufficient
"You thought the manhood of San
Francisco was not sufficient to sustain
g protest against these methods, did
you?" asked Mr.. Heney.
1--WE object to that question and ask
| that the court designate it as miscon-
duct" interrupted Stanley Moore
Il thought 1 might develop sufficient
civic pride in Mr.. Rudeback to make
a good juror out of him." said Mr.. He
ney after a further objection had been
made that the prosecution was not
acting in good faith and did not intend
to accept the juror.
1--WE take further exception to the
remark that Mr. Heney can make any
thing of this juror said Mr.. Moore,
fand to the inference that Mr.. Heney
has any more civic pride than the ju-
ror."
well, Mr.. Heney believes in fight
ing graft and grafters wherever he
finds them," retorted the prosecutor,
"and he Furthermore believes in never
giving up"
Objects to Exploitation
"And now we want to object to Mr..
Heney exploiting Mr.. Heney," said Mr..
Moore. He seems to think he is the
| only American citizen in the court
room"
"Oh. you are just trying to prejudice
me in the eyes Of these jurors" said
Mr.. Henty, 'and L don't object, be-
cause l don't think you can do it,
1t was at this point that Judge Law
lor succeeded in interrupting the de-
bate with the remark:
IF counsel have reached the stage
where the court may intervene I would
suggest that these passages are entire
ly out of place and have nothing to do
with the matter of this jurors Qualifi-
cations"
Whereupon the belligerent attorneys
resumed their seats and the last excit-
ing episode of an exciting day was at
an end.
Of the seventeen talesmen examined
during the day, Charles H. Suydam, a
wholesale grocer, was the only one
who succeeded in qualifying.
Tomorrow's early session will be de-
voted to a preliminary examination of
the sixty citizens comprising the
twelfth special Yenire summoned in
the trial.