The San Francisco call., 1909-02-24
CALHOUN PUT INTO
SHFRIff'S CUSTODY
Change in Bond Necessitates
Graft Defendant Being Placed,
Technically, Under Arrest
Examination of TaleSmen Fails
to Add to Number Accepted
Subject to Challenge
By w. Russell Cole


utes yesterday afternoon Patrick Cal
houn and his codefendants. Tirey l.
Ford, William Nj. Abbott and Thorn
well Mutually, were again in the tech
nical custody of the sheriff as pris-
oners. There were no handcuffs,
shackles, sheriff's vans or armed guards
to give realistic setting to the occur
renee, but. despite that, the United
Railroads graft defendants were actu-
ally in durance vile. The record OF
Judge Lawlor's court proves the fact.
The occasion was the transfer of
surety on the bonds under which the
United Railroads officials are at liberty.
AT their own request the defendants
surrendered themselves on their old
bonds with the Metropolitan surety
company of New York and furnished
new surety of $4,000 each, issued by
the Fidelity and Deposit Company OF
Maryland. To carry out the technicai
requirements of the statutes a formal
order renlanding the defendants to the
custody of the sheriff was made by the
court before the new bonds were ae-
cepted.
NEW BONDS LIKE OLD ONES
The recent financial troubles of the
Metropolitan company caused the de-
PENDANTS to secure the cancellation of
their bonds, there being some question
as TO wether the company was in good
standing and qualified to handle bust
ness under the insurance laws of this
state. The new bonds are similar to
the old, save that the surety company
responsible for the safe keeping of
the defendants has been changed. The
necessary papers were submitted yes
terday morning to Assistant Districr
Attorney OGara, who gave his con-
sent 10 the change. All the United
Railroads defendants were in court
when the formalities were concluded at
4:30 o'clock yesterday afternoon.
This was the elimination of the
days sessions of the Calhoun trial,
which were entirely barren of results
so far as progress toward the impanel-
ment of the jury was concerned. The
morning was given over to the prelimt-
nary examination of the 50 veniremen
summoned on the fourteenth specia,
jury panel, and, although five tafesmen
were examined by the attorneys during
the afternoon. none was passed.
ANOTHER PANEL ORDERED
Thirty-four talesmen were retained
for examination from the panel re-
turned yesterday and a new panel of
so was ordered for Thursday morning
There was a suggestion for a time
that the vacant seat in the Jury box
might be filed by the acceptance OF
Walter A. Linforth of s22 Sixth avenue.
hardware salesman, but after an ex-
haustive examination by the ATTORNEYS
for each side he was excused on tha
challenge of the derense. over contest
by the prosecution. His examination
was peculiar in that he originally was
passed by both sides and later cbaI-
lenged after his examination had been
taken up for second time by the de-
fense. Judge Lawlor hesitated over
his ruling when the challenge was sub
mitted to him and did not disqualify
Lnforth until after he had asked a
number of questions himself.
TALEsMAN DENIES BIAS
Stanley Moore first passed Linforth
for cause after a short examination
during which the talesman insisted that
he was without any decided opinion
concerning the merits of the case and
that he could try IL squarely on the
evidence and the law involved O'Gara
extended his examination to much
greater length. but at last declared
himself satisfied and also passed the
talesman.
Moore reopened the examination. and
-
mans assertions of fairness and lack
of bias. he did secure admissions that
Linforth had opinions on certain phases
of the general case. Linforth believed
that bfibe money had been paid by
Ruef to the supervisors, but had no
decided opinions as to the source from
which this had come.
MOORE QUESTIONS OWN ACT
Moore expressed his own doubt in
challenging the juror, by stating that
he believed Linforth to be entirely
candid in his expressions of opinion
and did not question his sincerity. He
argued. however, that there was a
doubt which should be. resolved in ia
vor of the defendant, and Judge Law
Tor, after asking several questions of
the juror, ruled in favor of the chal-
lenge.
Harry Levinson of 1868 Broadway. an
agent for wire rope, was disqualified
after a short inquiry, on the ground
that he had decided opinion as to
the guilt or innocence of the defend
ant. Fred A. Hosworth, a member of
the San Francisco stock exchange was
excused on account of enga sements.
which, he said, demanded his close at
tention.
GRIPMAN ADMITS PREJUDICE
Richard OConnell. hay and grain
merchant of 1904 Dolores street. said
that he didn't believe he could give CAL
houn justice, and was promptly chal-
lenged by the defense. OfConnen for
merIy was a gripman employed by the
United Railroads. and for a time was
assigned to the car on which Richard
Cornelius, later president of the car
mems union, was conductor. O'Con-
nell expressed strong sympathy for
the carmen in relation to their last
strike.
Thomas Lockwood. a tool maker. was
under examination when adjournment
was taken. He had been asked several
questions by Attorney Stanley Moore.
but the inquiry had not progressed far
enough to indicate his eligibility for
service as a juror.
Newburgh's Trial Set
The retrial of Adofph S. Newburgh.
the attorney charged with Offering a
bribe to juror to vote for the ac-
uuittal of Abe Ruef was set by Judge
Murasky yesterday for March 10 Dis
trict Attorney Langdon asked to have
the case proceeded with as early as
possible, saying that it was his desire
to have the criminal calendars cleared
of the graft cases before he goes out
Of office next January.
BOSTON POLICE COME
EOp 0pING SINGED G