Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-04-10
ELEVEN JURORS
ARESWORN FOR
CALHOUNSCASE
TWELFTH MAN Is ACCEPTED
TEMPORARILY
SOUGHT TO OCCUPY
THIRTEENTH SEAT
Heney Asks Questions Which Lead
to Admission He Has Received
Many Letters Regarding
Veniremen
[By Associated Press.I

L Y AN f1tANOlOOO, ApllAe --1HAONSh
jurors have been sworn to try the
~ case of Patrick Calhoun, who is
charged with offering a bribe to secure
an overhead trolley franchise in this
city.
A twelfth juror, temporarily accept
ed by both sides, is to undergo further
examination on Monday, to which time
the trial was continued. 1t was evident
today the completion of the jury may
be accomplished at any hour after
resumption of the trial next week.
Proceedings were complicated by the
fact that two brothers had been sum-
moned as members of the thirty-thlrd
special panel. William L. Lutge, a
contractor, was practically qualified to
try the case when he said:
"I am a Socialist l belong to the
craft that lives off the sweat of other
mems brows. l do not work. l am a
contractor"
1t developed the juror had been in
volved with the United Railroads In
settlement of q claim for damages.
This, he said, would not prevent his
giving the defendant a fair trial, and
he volunteered the declaration he could
try his brother on any Charge. A chal-
lenge by the defense was interposed,
but Judge Lawlor declined to enter
tain it.
Peremptorily Challeh9ed
Mr.. Lutge was the twelfth juror, and
Judge Lawlor Immediately declared
peremptory challenges in order. As
sistant District Attorney OGara asked
permission to consult with Francis j.
Heny who has not attended the trial
for nearly a fortnight, and Stanley
Moore, for the defense, interposed OBJ
lection to the delay. Judge Lawlor,
however, declared recess until the
arrival of Mr.. Heney, and the latter
declared himself satisfied with the
jury, thereby reserving the solitary
peremptory challenge possessed by the
prosecution.
The defense reduced the number of
it's peremptories to five by challenging
Lutge. Otto Hildebreacht, who was
passed March 81, was sworn as the
eleventh trial juror.
Richard Lutge, manager of the Fol-
som iron works, and a brother of the
juror previously examined, duplicated
his relatives testimony inasmuch as
he had presented two claims for dam
ages to the United Railroads.
One of these, 1t developed, had been
settled and the indefinite character of
the jurors information regarding the
second claim resulted in an order post
poning further Interrogation until
Monday.
Meanwhile, according to the courts
ruling, the attorneys continued the
quest for a thirteenth juror, who, if
qualified, would sit in a supplementary
capacity.
After the changes in the jury box
had been effected, Mr.. Heney requested
that he be given permission to examine
one of the jurors previously accepted.
A few questions served to satisfy
Heney that Juror Charles H. Suydam
was acquainted with William M. Abb
bott of the attorneys for the United
Railroads, but that the relations were
so ill-defined as to necessitate no i'm
vestigation.
Mr.. Heney had explained that he
was interrogating the jury because of
a letter received by the district attor-
ney's office, and after it was shown
that the juror and Mr.. Abbott were
members of the same fraternity, Mr..
Suydam said
at seems odd that you should get
letter concerning me. This is the sec
ond time 1 have been questioned in
this manner"
"There is nothing unusual about
that" said Mr.. Heney. 1--WE have re-
ceived letters about every juror in
the box
"You are not after me alone. then?'
mot at all" said Mr. Heney. And
the incident was closed.
Hadn't Heard of Graft
The only known resident of San
Francisco who has heard nothing of
the graft prosecution or any of the
MANY ramifications of the bribery
graft investigation, although he has
lived in the city for forty-three years.
appeared in the trial when Thomas
Maier, a German wagon manufacturer.
was examined in the box as to his
qualifications to occupy the twelfth
seat
Maier declared he knew nothing of
the case at bar, or of the Gallagher
board of supervisors, Schmitz, Ruef,
the telephone cases, or of any matter
connected In any way with the graft
cases.
He had never heard of Claus 'Spreck-
els. Rudolph Sprecllels or James d..
Phelan, and assured the attorneys he
took no American newspaper and con-
fined his reading to certain German
publications which he offered to pro-
duce in court.
The most searching inquiry by Stan
ley Moore of the defense failed to To-
cate any knowledge whatsoever so far
as the graft cases are concerned, in the
venireman's mind.
Maier was turned over to the prose-
cution and Assistant District Attorney
O'Gara handed him newspaper with
request that he read aloud from it.
Being unable to do so, he was excused
by consent.
OF the thirty-third venire examined
by Judge Lawlor this morning twenty
eight of them were reserved for interro-
cation by counsel. Three of these had
been disposed of. before Maier was
called. The work of getting the twelfth
man was resumed this afternoon.
Injunction Cases
Attacking the form and validity of
the search warrant employed as basis
for the raids on the office and safes of
the United Railroads two weeks ago,
Attorney w. H. Metson, counsel for the
corporation, completed today his argu !
ment upon the injunction granted by
Judge Murasky.
In the early part of his address he
made no reference to the citation for
contempt, wherein it is sought to have
Assistant District Attorney James
Continued on Page Two)