The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-08-05
TALFSMEN FAIL
TO QUALIFY AS
CALHOUN JURORS
Defense Subjects Citizens to
Searching Questioning Re-
garding Opinions
Thus Far But Two Men Have
Been Temporarily Accepted
by Both Sides

Three times in the course of the Cal
houn trial yesterday audience and at
torneys were cheered with the eNpecta-
ZION Of duplicating the progress made
IN the first two days of the week by
adding a temporary juror TO the two
now in the box. But in the case of two
Of the prospective talesmen Judge Law
lor. for reasons of haste, postponed the
examination until today, and the advent
Of 8 O'Clock ended the hopes of securing
The third eligible. The inquisition
OF each win be completed today.
Douglas J. Shaw, proprietor OF
Howard street lodging house, whose
exarnination was concluded from Tues
dsy was disqualified early In the pro-
ceedings through q discovery by the
defense that his name was not upon the
assessment roll.
BELIEVES MONEY WAS PASSED
Next 10 come under the Erilling que
ries OF the attorneys was David :. CT
pliers, whose examination has been
continued since Monday. Ciphers was
at once questioned by the defense re-
Rsrding the attitude he took toward
calhoun and the talesmsn repeated his
statement made two days ago in reply
TO the same questiop-that he looked
upon the trolley magnate as a victim
OF circumstances, in way.
According 10 the evidence given in
the first trial, as IL appeared in the pa
pers." Ciphers explained, MI Calhoun
could not have accomplished what
probably was necessary at the time
without paying money.
Then the defense lawyers turned
their attention TO an endeavor TO Sc
cure the statement from Ciphers that
. he believed money had been paid the
Supervisors by the United Railroads,
even though he was not at all certain
who turned this railroad money over 10
The city officials The talesman, how
ever. did not appear to entertain the
opinion the defense was attempting to
wiring from him, and answered only
that he believed money had been
passed. but that he was not at all fixed
in this opinion.
QUESTIONED BY JUDGE
Finally Judge I1awlor himself ques-
toned the juror regarding his state of
mind and whether or not ne considered
himself a fair juror.
Your honor" Ciphers said, L would
like 10 state to you just how / feel in
4his matter. Now. 1 do not wish to
serve in this trial. / hope sincerely
that / do not have TO serve. But know
that some men must be secured to try
this case. and L consider il my duty, as
4 citizen and q man, to do my duty in
the matter. / do not wish to plead the
baby act and leave, as I could have
done easily enough by stating that I
had an opinion, or something like that.
But / wish to state that If L am chosen
for this jury / viii do my duty and lay
aside completely whatever Impressions
i may have had concerning the case"
The point is this Judge Lawlor
said. do you think that your ability
10 put aside your impressions would be
equal to your intention TO do so?''
I believe So" replied Ciphers.
And you have sufficient confidence
in your mental control to believe that
you can DO this2"
Il have. / have never taken a de-
cided stand IN discussing these cases,
for I realized that a fixed opinion
should be based only on first hand evil
I dence.'
DENIES CHALLENGE TEMPORARILY
The defense challenged the juror at
this 5uncture and Judge Lawlor de-
MED the challenge temporarily, in or
der that he might look over Ciphers'
complete testimony and decide just
what the Jurors state of mind is. At ?
o'clock this afternoon Ciphers win re-
turn and his examination will be fin
isbed.
George L Merguire, connected with
the California door company, stated
that he had expressed an opinion OF
CaIhoun's guilt. The examination was
continued until today, however. as il
promised TO spread over the remainder
of the day's session, in order that other
tzlesmen might be questioned and al
lowed 10 leave.
Amer s O'Clock Samuel Reisman was
cs7led and II WAS sean ar once tbot bss
examination would have 20 be contin-
ued until today. Refsman stated that
he had no opinion in the matter, had
never heard an opinion expressed for
the Last two years and felt qualified to
serve on the jury.