The San Francisco call., 1909-03-27
CALHOUN TRIAL
HAS PERIOD OF
RETROCRFSSION
Current Changes, With Result
That One Juror Is Lost
During Day
Four Express Themselves as
Having Decided Leanings
Toward Defendant

tion in so far as developments in the
Calhoun case yesterday were concerned,
With y men in the jury box Thurs
day afternoon when court adjourned
there was every reasonable indication
that the second stage Of peremptory
challenging would be reached yester-
day morning. once more however. the
current Of the trial changed unexpect-
edly. and the case doubled back on
itself as it has done on several pre-
vious occasions.
Instead Of thinning out the ranks Of
jurors by means OF peremptory chal-
lenges. the attorneys produced one va
cancy in the jury box through the me-
dium Of challenge for cause. and they
did it without any squabble.
The right was reserved Thursday by
the defense to reopen the examination
Of Talesman James B. German yester-
day morning for the purpose OF ques-
tioning his former partner. EDWARD
Gowan, concerning conversations they
had held relative TO the graft cases.
Gowan was called yesterday morning
and the challenge aginst German was
interposed by the defense preliminary
TO questioning the witness. Instead Of
protesting the challenge Assistant Dis
trict Attorney OGara announced that
The prosecution would not contest it,
and German was excused.
ANOTHER VENIRE EXHAUSTED
All the rest Of the day was given to
9 j go So. -.
on the twenty seventh special Jury
venire and though the venire was com
pletely exhausted not a talesman was
accepted subject TO peremptory chaI-
lenBe. Assistant District Attorney
Heney spent only 2 portion Of the day
in the courtroom, and then took no
part in the active work. while all the
questioning for the defense was done
by Attorney Lewis r. ByingtOn.
only l9 men were held for examina-
ton out Of the venire Of 60 called into
court Even then the rate of disquali-
o ncation might have been more rapid
had not Byington insisted upon trying
TO hold several who expressed views de-
cidedly prejudicial to the defendant.
-FOUR FAVORED CALHOUN
The first four talesmen called were
OF the kind TO give Byington the
greatest satisfaction. Edward II
Hammer, sales manager for Baker q
Hamilton, expressed q leaning in Cal
houn's favor, was passed by Byington
and challenged by O'Gara James c
Haughy. president Of the Pacific saw
works, declared that he would NOT
convict Calhoun, no matter what the
evidence might be- and was passed to
OGara. who challenged him Walter
A. Green, wholesale ieweler. was ex-
cused on O'Gara's challenge after de-
clsring that ne could not be a fair
juror because he did not think Cal
houn should be convicted. Byington
fought the challenge fnterposed
against William II. Harvey, an en-
ploye OF the Nathan Dohrmann com
pany. who did not believe in Immunity
and who said it would require stronger
evidence for him 10 convict Calhoun
than the average defendant, but this
challenge also was allowed
The defense had its innings with the
challenges in the cases of the several
talesmen next examined, for there was
decided reversal OF form in the di-
rection in which the expressed
opinions pointed. Then. late in the
afternoon. came Henry A Hedger. a
retired capitalist. and Charles r. Haw-
thorne, a marble and granite dealer.
with opinions favorable TO Calhoun.
and OGara was again forced to use
IneT0
resisted.
SUTRO OWNERSHIP DECLARED
During the examination Of Haw-
thorne il developed that the Juror was
the owner Of stock in the Sutro rail-
road company, which is now a part
OF the Unitel Ro iiroads system. Stan
ley Moore interrupted the examination.
saying the defense was willing to ad-
NIT the control Of the Sutro road by
the United Railroads, but would not
stipulate regarding the ownership.
Calhoun himself spoke up. taking the
first effective part he has allowed him
self since the trial began, and stated
that the ownership was actual. a pur-
chase by the United Railroads having
been made.
other talesmen who were examined
and excused yesterday were Jules A
Harder, Frank y. Hayman Henry
Gutzeit. Thomas J. Harris. Alfred G.
Harms, Thomas r Harney, Frederick
I5ansmann, Charles w. HaseItfne.
Henry c. Aschen. John J. Haviside Jr..
Kirk Harris and Jacob Hauptli. A new
venire Of SO names was summoned for
Monday morning and the trial was
continued until that time.