The San Francisco call., 1909-03-06
CALHOUN JURY
AGAIN IS READY
FORCHALLFNGES
Once More Lawyers Reach Per.
emptOries, Which Will Be
Exercised Monday
One OF Previously Selected Men
Quits Because of Harm
to Business
Judge LawIOr Announces He
VIII Give Attorneys Ample
Time TO Act
By w. Russell Cole


striking distance OF the end. yesterday
afternoon. once more the jury box is
tuu and no indications have yet de-
veloped 10 suggest another delay in
presenting peremptory challenges.
which, according 10 present program.
viii be exercised Monday.
After all. il took TWO bites at the
AIRY venire instead OF one TO complete
the sob The one vacancy that has
existed in the jury box for several days
wss allied during The afternoon by the
acceptance Of John r. Allen a sales
man. but almost Immediately Talesman
John T. Costello eCualized matters by
pleading 10 be excused on the ground
that his business was going to ruin
without his attention. lie won his point
snd again created the old hoodoo va
cancy in the box that has remained so
long.
ANOTHER N 20 MINUTES
II was almost too much 10 hope
that more than single tslesman
would be passed ia one day. but here
was where the unexpected played its
part The fourth man up for eNamina-
1ion after Costello was dismissed was
James l. Arthur, builder Of 1880
First avenue. and arthur qualified in
@iess than 20 minutes. Then there was
another short period OF depression. for
Juror Robert 3. Symington announced
q. desire 10 make a statement and there
were some indications that he might
wish 10 follow in COsteilO's footsteps.
lEe merely added some details 70 what
he had said on his former examination,
however. and the danger Of losing him
blew by.
r1--,,-,- ,-,+ ,--i,, s,a - he exarc;sed
Monday unless. as has happened be-
fore The attorneys find some other
means by which 10 rid themselves OF
any talesmen who may be undesirable
la them There have been no requests
made as yet for the reopening OF any
examinations. but the defense asked
last night for the privilege OF putting
some additional questions TO Arthur.
who was examined in the Ruef trial
and latter perempcorily challenged By
The defense in that case Judge Law
lor announced that he would permit
questions TO be asked OF any taleSmen
ar the time the peremptories are used
and declared that he would not hurry
the matter so as 10 interfere with any
delfberation the attorneys might desire
10 adopt.
Arthur's case was OF little interest
aside from the fact that he was tenn
porsrily accepted as a juror in the
Ruef trial. for the examination yester-
day was brief In the Ruef case 1t
took the better part OF two days, and
Stanley Moore said last night that he
wished to read over the transcrip Of
his examination before committing the
defense finally TO the acceptance OF
Arthur as juror At the same time,
Arthur testified frankly and fairly. He
was not IN san Francisco at the time
the supervisors confessed their crimes.
and 50 had but slight knowledge Of
the details OF the graft cases. His
only opinion, he said. was not definite
one and could be laid aside. He be-
lieved himself TO be fair and said that
he would be willing 10 accept juror
In his own state OF mind II he were
either the defendant or the prosecut-
ing attorney
BOTH ACCEPT HIM
The examination Of John r. Allen
was somewhat longer than that OF
Arthur. but in the end he was accepted
by both prosecution and defense with
out challenge Allen is now a sales
man for the firm OF Murphy. Grant &
Co. but was formerly in the railway
mail service for several years. He had
an opinion. which he described as a
private" one. and IL took some time
Tor the attorneys 10 get an inkling
or what this was. In the long run
they were not entirely successful. but
gained the idea that what Allen really
wanted was TO see justice. done without
favor TO either side The opinion did
not relate 10 the guilt or innocence
Of the defendant, but rather TO the
general prosecution OF the graft cases.
as Allen finally made it plain
I've never been called into court
before as a Juror the taIesman said.
but believe ~ being a good juror
when il is necessary 10 serve as one.
and I know that could be
! could try my own brother" he
exclaimed al another time.
When O'Gara took up the examina-
ton after ByingtOn Of the defense had
passed the talesman. Allen admitted
that he had changed an opinion which
ne held about six months ago. Pressed
Tor an explanation. he said that he
had changed his mind because he de-
sired ito see everybody Ia a different
light. He had considered the defend
ants "all bad" before that time. he
said. but now he wanted every man
20 have a fair trial before deciding
against that man.
Then has your change Of belief gone
10 the extent that you now. have a dis
tinct belief that the defendant is in
nocent2" asked O'Gara.
"Oh. no, not that far" answered Al
len.
Aliens last statement was that he
could serve both sides impartiaIly. and
on the strength Of this he was passed.
No ONE SURPRISED
When Costello arose Immediately
after Allen was accepted and asked TO
be excused on account. OF his business
there was no exhibition Of surprise on
the part of the attorneys. The tales
man declared that he was meeting
serious financial loss by remaining on
the jury and that :. Eould mean ruin
10 his business il he were forced TO
remain. Judge Lawlor excused him
without consulting the attorneys. and
the whole incident became but a com
mentary on the dread which keeps
Businessmen OF a jury in such a case
symingtons statement TO the attor-
neys was repetition OF one he already
had made 10 the court. and was given
~ Judge Lawlor's suggestion The
iuror quickly stated that since hearing
the inquiries addressed 10 other tales
men under examinati tion he had realized
for the frst time the stress being laid
upon business connections. This had
recalled his own examination TO his
mind and he wished to add to what he