The San Francisco call., 1909-05-04
Attorneys Mutually Waive OBJ
lection for Bias as Result
OF Accident
Former Supervisors Continue
Recital of Sale of City's
Rights for Doodle
Bv w. RUSSELL COLE

.,easeless work was dissipated at noon
Yesterday when the attorneys for pros
ecution and defense mutually agreed
that no question of bias would be
raised concerning Juror Otto II. Mack
roth on account Of the injury sustained
by his wife last Saturday while the
latter was a passenger on a United
Railroads car.
The Importance of Saturdays unfor-
tunate incident in respect to the trial
Of Patrick Calhoun was not fully sp-
preciated at the time il occurred or
Immediately Thereafter 1t was sus-
gested at once that complications might
arise from the trouble between the
jurors wife and the car conductor en-
ployed by the corporation Of which
Calhoun is president. but the serious
ness of these possible complications
was not at first understood. Yester-
day morning. however. this subject
was the sole topic OF conversation and
conjecture in and about the courtroom.
FIRST MEETING ALONE
Mrs Msckroth declared that her
serious injuries were due TO an assault
lA lfE conductor IN EldE Ee bl Ailt Gdl
from which she was elected, and as
her condition was known to be serious
her husband was given special permis
sion by the court TO see her. The
first meeting between the injured Wom-
an and her husband was not in the
presence OF d deputy sheriff, and this
first visit Of the juror to his wife's
bedside was followed by others
Had a challenge been directed against
n ~ s.f-.s Of
cessfully established on account of the
occurrence. the four months OF work
already accomplished might have gone
for nothing II was at first generally
taken for granted that the thirteenth
juror sworn 10 serve as an alternate
might take MackrOths place in the
jury box, and so allow the trial to
continue. This, however, could not
have been done except by consent of
both parties TO the trial. The statute
which provides for an alternate juror
declares that he may be sworn for
regular service only in case OF the
death or serious illness or disability of
a regular juror, and makes no provi-
sion for placing him IN the box for
any other cause
The question which occupied ali
minds during the morning session of
The court yesterday was not touched
rESA- a.. - w - Id y lUI or the aIIOTnRES
until the noon recess was ordered. The
query was whether any effort would
be made 10 disqualify Mackroth from
further service on the ground that the
injury which befell his wife was
charged by her as due TO the actions
Of a United Railroads emplove and tbat
this fact m ght have operated 10 preiu-
dice him some way against the de-
fendant AT noon the question was an
swered.
JUDGE LAWLoR TAKES STAND
Judge Lawlor retained the attorneys
after the jury was dismissed and er-
plained TO them the circumstances of
the matter as they had been bro,,,-bt
10 his notice He said that as soon &c &c
he had heard OF Mrs Mackroth.s in
jury he had given her husband perrnjs
sion TO visit her at ST Winffred's hos
pitaL The doctor refused TO allow the
deputy sheriff who accompanied the
Juror 10 enter the sick room with him
and the first conversation between
husband and wife was held in the pres-
ence of the attending physician alone
Attorney Earl Rogers of the defense
responded Immediately when the court
asked IL the parties to the case desired
TO take any action or pursue a further
investigation. He said that the de-
Tense hRc no question TO raise and was
thoroughly in accord with the stand
taken BY the court in the matter.
The prosecution heartily concurs in
what Mr.. Rogers has said" answered
Heney.
Judge Lawlor said that he had taken
the same view of the matter and was
confident that nothing that had han
pened would in any way affect the mind
OF the juror in relation TO his duties
connected with the trial. This ended
the matter.
The actual progress Of the trial yes
terday was comparatively rapid but
embarrassing. Two more former su-
pervisors, DR.. Charles Boxton and John
j. Furey. were disposed OF. and the end
Of the long list of members of the old
boodling board is in sight
TRY TO IMPEACH BoxTON
An effort was made TO impeacb Roy
ton on cross examination and at the
same time to discredit Special Agent
Burns by references to the fact ma,
Immediately after his first confession
Boxton was told by Burns TO DENY that
he had made one. The confession oc
CURED after Boxton had been framed
and before the majority OF the mem
Ders OF the board had confessed. Roa-
ers made an effort TO show that Burns
had told BoXton TO perjure himself.
Burns what to DO in the event that he
was asked about toe confession by
newspa permen, and that Burns told him
10 deny il and make an affidavit II
necessary. On redirect examination
he declared that he had never intended
actually to make an affidavit denying
his confession and that he did not un-
derstand that Burns wished him to do
such a thing.
John T. Furey told the same story
that he has told in all the former
graft trials and did not finch under a
long, harsh cross examination at the
hands of Rogers. Both Boxton and
Furey were finally excused and the
first witness called today viii be for
mer Supervisor Max MamIock.
Jurors Wife Helpless
When the case Of James Law. con-
dUctor OF a Sutter street car. charged
with battery upon Mrs. Otto H. Mack
roth. zf16 Union street wife of one
Of the Jurors at the Calhoun trial was
called IN Police Judge Deasy's court
yesterday the judge was informed that
Mrs. Mackrotn was still at St Wini-
freos hospital, and would be unable
TO appear for several days
The judge continued the case until
May 10 on the understanding that If
Mrs. Mackroth was not able to apnear
at that time further continuance
would be granted Law who is ONT on
f.-f