The San Francisco call., 1909-02-10
By ". Russell Cole

By W. Russell Cole
trial 10 date;
One month has elapsed since the trial began.
Twenty-Five actual court days have been con-
sumed.
Nine special jury venires have been exhausted.
20 talesmen have been summoned into court
SO tslesmen have been examined by the attor-
neys.
500 talssnen have been excused on challenge for
Twelve tslesmen have been passed subject to
peremptory challenge.
In the face of the most frantic en-
deavor 10 disqualify a talesman that
has occurred since the beginning of the
Calhoun trial the jury box in Judge
Lawlor's court was hlled yesterday
morning by the acceptance of a twelfth
possible juror. and today the first
round OF the battle viii come to an
end with the exercising Of peremptory
challenges
1t has taken just one month to ac-
complish the result achieved yesterday
and with Is possible peremptory chal-
lenges in the hands OF the contending
attorneys the complete impeachment OF
the jury lies somewhere in the dim
future. That several of these chal-
lenGes will be exercised today is a
foregone conclusion, the best indica-
lions being that not more than FIVE OF
six Of the u men now in the box will
be locked up tonight as sworn jurors
under the custody Of deputy sheriffs.
WILL LOCK Up JURORS
According to his usual custom in
cases of general public interest Judge
Lawlor undoubtedly viii order the sur
vivOrs OF the present dozen possible
jurors confined in special quarters at
hotel as soon as they are sworn to-
day. and their liberty will be at an
end until the trial is completed. This
fact may hurry progress somewhat in
the completion Of the jury, for unneces-
sary delay on the part of attorneys
while several men who are to pass upon
the case are being held in unwelcome re-
straint would not b. the best sort of
policy.
The passing Of the twelfth talesman
came just before the noon hour yes
terday, when the ninth special jury
venire was all but exhausted, only two
talesmen being left for examination at
the time Robert B. Symington, civil
and mining engineer living at 22S Lib
crty street. was the man accepted and
out a challenge for cause being inter
posed by either side. it was not until
furious struggle TO disqualify him
had been made by the defense
Stanley Moore. the Junior member of
Patrick Calhoun's legal staff, conducted
the long examination and exhausted
every art at his command TO force
Symington into a position that would
open the way for a challenge. When
at the end Of an hour and a half of
ceaseless bammering. he was forced by
order OF the court to bring his inquiry
10 an end, he retired crestfallen and
beaten. lie had pitted every resource
Of his legal training and courtroom
tactics against the stoicism of a ma
ture intellect clad in a double armor
OF honesty and deliberate, thoughtful
expression. and had lost.
KEENEST FIGHT OF TRIAL
That the struggle 10 GUST Symington
from the jury box developed into the
keenest battle since the beginning of
the trial was due TO no apparent desire
Of the talesman to qualify. Symington
asserted that he would prefer to be
excused from service, and even Moore
made no attempt to challenge this
statement or to question the talesman's s
sincerity. His endeavor was directed
TO breaking down a declaration of alb
solute impartiality, and in this he
found a subject that was invulnerable
alike TO direct attack and clever sub
terfuge.
At the outset Symington made it
plain that he knew his own mind. and
that once having expressed himself on
any subject he was ready to stand by
his statement TO the end. He had fol-
lowed the developments of the graft
prosecution, he said, with mild inter-
est and while he was versed on the
general subject was not familiar with
the details OF various cases and had
not formed an opinion as to the guilt
or innocence Of any individual defend
ant in a given case or set of cases. An
impression in his mind which he would
not admit amounted to a determined
belief. was that the supervisors of the
Schmitz board had accepted bribes. but
l,cva-z this his mind was free from
definite impressions.
a curious feature of the examination
was Symfngtons volunteered state
nent that he was without bias of any
kind except for a personal prejudice
which he had formed long ago against
Francis J. Heney- Moore reverted to
this matter after passing it in silence
for a time. and the talesman explained
that the prejudice had been aroused
during the prosecution by Heney of the
oregon land fraud cases
THOUGHT HENEY UNFAIR
He had known John A. Benson for
% years and wouldn't speak 10 him.
but it was not 70 the Benson case that