The San Francisco call., 1909-03-03

the. usual detail yesterday IN the case
of Costello.
CAUGHT FOR CAMERA
Costello was caught of course. They
all are, for an aid organization has
been formed among the talesmen who
have been longest in the jury box. and
it is considered an obligation among
them to see that no new juror gets
away. The taking of the picture has
come to have the significance of an in
itiation ceremony into the brotherhood
of temporarily passed but unsworn
talesmen, and the older members of the
fraternity take as deep an interest in
the ordeal as do the photographers
themselves.
Though Costello was the only tales
man to be passed without challenge
William L. d. Moritz, proprietor of the
Phoenix machine works was excused
only temporarily before his examina-
tion was completed and will return for
further questioning today. Moritz
started to tell of being thrown off a
United Railroads car several months
ago in the course of an argument with
a conductor over changing a dollar
He had felt very angry at the time, he
said, but this feeling would not infiu-
ence him now. He was excused in or
der that the record OF the trouble in
question, with it's Official train of re-
ports, might be looked up. So there
is still a chance that Moritz may find
his way to the jury box.
Morris Mitau, one of the jurors ex-
amined during the morning session. de-
clared that he could not be fair in a
case in which the jurors were forced to
be locked UP, on the ground that this
would be an indignity. He said he
could be fair If allowed to go home
every night but cited a murder case in
which he had served as a juror and in
which he said he had altered his ver-
dict rather than remain locked up for a
second night. Heney challenged the
juror, but the defense was anxious to
retain him. Exceptions were entered
to the ground of challenge advanced
by Heney and the court. in ruling, de-
clared that a juror who could not gov
ern himself by the statutory require
ments was not fit to sit in a case.
Lester E. James, an employing
cooper, threatened to precipitate a
verbal skirmish when he declared that
he had mo use for union men" and had
too much respect for Mr.. Calhoun to
convict him..
+ DO you mean to say you would re-
fuse to convict Mr.. Calhoun regardless
of the evidence?" asked .Heneys
think I'd convict him at ALL He has
done too much good for the city"
COURT STOPS INQUIRY
A. A. Moore objected to the pursuit
of this line of inquiry because the
talesman already had been challenged
by the defense, and he argued that
Heney was not acting in good faith
The latter retorted that when juror
volunteered such statements he had a
right to inquire into them, but the in
quiry was stopped by the court and the
challenge allowed.
Other talesmen who were excused
were Robert Morris, Victor Monnier
Israel f. Morris, Herman J. Cordes
George w. Morehouse, Lionel III.
Morse. Henry j. Moehlenbrock. John J.
Mitchell, Frank Munson, Benjamin c.
MILAN, Edward H. Corliss, Davio l..
Cupples, William d. Creighton. Melville
A. Creswell, Jess D. Cordson, Henry
Templeman, Alexander H. Cowen
Freeman H. Crosby. Frank L. Tainter
John J.. Crowley and Carl E. Moeller.
Anew special venire' of so has been
ordered into court today