The San Francisco call., 1909-12-10
CALHOUN TRIAL
GOES OVER INTO
FICKERT'S TERM
District Attorney Moves Its
POstpOnement and Judge
LawIOr Grants Motion
Incoming Prosecutor Viii Be
Allowed TO Select the Jury
in the Case

The trial Of Patrick Calhoun for
bribery was continued yesterday morn
ing. on motion Of District Attorney
I.angdon. until January 10. The seven
temporary jurors - the box were dis
missed by Judge LawlOr. also on Lang
don's motion, so that District Attorney
elect Charles NJ Fickert viii have an
opportunity to start the case anew,
without being annoyed by any echoes
of the trial begun by mis- predecessor.
Langdon announced TO the court that
= conference between the district at
torney and the counsel for the defense
had resulted in an agreement so far
as they We're concerned. 10 allow the
case TO go over. John J. Barrett said
that Langdon's statement was correct.
and was careful 10 explain that the
suggestion of "A continuance as well as
that the jury should be discharged had
come from the district attorney.
WOULD CLEAR CALENDAR
I think it apparent to the court, as it
IS 70 the counsel for both sides, that it
would be impossible to conclude this
trial before the expiration of the pres
ent district attorneys term OF Office
Langdon said. 1T is apparent, judging
from the past. that ii will he impossible
TO secure a jury before the expiration
- the present term Of office OF the dis
frict attorney. Counsel for both sides
are agreed that the incoming district
attorney ought to have the privilege of
selecting this jury for the state. The
man who is TO try a case ought TO have
the privilege of selecting the jury, as
that is an important part of the trial.
In view of that fact, in view of the
further fact that the approaching hOli-
days win make il difficult to get jurors
who viii wish to sit in a case that will
be Of some duration. and in view of
the fact that the district attorney eX-
poets 10 have his criminal calendar
cleared by the end Of this year, with
the exception Of these cases, if he has
the privilege of presenting some of the
minor cases TO this court, he believes
that every case now on the calendar
and every@man now in the county Jail
win have been tried before he goes out
Of office 1t is the desire of the dis
trict attorney 10 leave that record abb
solutely clear, and we expect to be able
TO do that.
SUGGESTS FUTURE DATE
80 in view of those things. and
partly in view Of the fact that it would
seem unfair TO the incoming district
attorney 10 be asked to try a case be-
fore a Jury that was selected by some
one else. counsel have agreed. as far as
they are concerned, that il would be
pleasing to them if the case should go
over say. until January TO-"
Barrett spoke after Langdon finished,
Ostensibly merely to advise the court
that the district attorney had repre-
senred truly the views Of the attor
Ders. but. taking advantage Of the time
and place also, 10 accent the fact that
Langdon had proposed the continuance
and the release Of the jurors already
secured.
~As 10 the merits of the suggestion,
Judge LawiOr said, Il deem that there
would be q certain propriety in per
mitting the full responsibility of this
charge to rest upon the public officer
who viii be called upon to conduct the
Ia bors of the district attorneys Office
and upon that reflection alone the court
subscribes TO the suggestion. The act
of the court is to be given no other in
depreciation than that the incoming
district attorney shall have the full re-
sponsibilty in the formation of the
jury as well as in the prosecution of
The charge itself"
Those Of the present yenire who
Shave been given their preliminary eX-
animation and ordered to return viii
be available in the trial when it is
begun by Fickert. although the tenn
porary jurors have been discharged.