The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-07-30
DUAL OPINION
OF YENIREMAN
WINSEXCUSE
TaIesman Proves Objectionable
to Both Sides and Is Per-
mitted to Depart
Attorneys Labor Throughout
Day, but Fail to Secure
Juror for GraftHCaSe

talesmsn examined in the Calhoun
case yesterday who had slight opinion
q the defendants guilt, and YET did not
approve OF the action Of the prosecn-
non in granting immunity 10 the Doodle
supervisors and Abe Ruef, furnished a
delightful equilibrium OF views for the
contending attorneys, and for n time
seemed as near qualifying as has any
talesmsn since Carl f. Hans was re-
liered from Jury duty wednesday morn
ing, afte- having been chosen the day
before Franklin A Perry, q con
tractor and boss steVedOre operating
along the water front, was the yenire-
man entertaining the dual opinions
District Attorney Lsngdon and Stanley
Moore were so nettled at his attitude
that they agreed 10 excuse him.
Perry came at the end of days
fruitless querying OF witnesses biased
toward either the defense or the prose-
cution, and cheered Stanley Moore and
his associates by declaring that ne en-
tertained not the slightest prejudice
or has against Patrick Calhoun and
the defense exchanged further pleased
glsnoes when they ELECTED from the
talesman the statement that he did not
approve OF the immunity contracts
made with the supervisors and with
Ruef. They were prepared to make a
strong effort to qualify the venireman
when he was turned over TO Langdon.
N F-Ur<u,RnEEn ny VANEnnN
The district attorney at once went
into the nature Of an unexplained opin-
ion Perry had stated he entertained.
Have you any bias or prejudice
against the prosecution" Langdon
asked.
mo" replied the taIesman, but
have a strong impression as 10 the
guilt Of Calhoun"
And at this unexpected remark the
forces OF the defense broke up In dis
order and the smile that had orna-
mented the face Of each member of
the van. main and rear guard OF the
army Of attorneys vanished
Langdon discovered further that the
fact that the district attorney had
granted immunity to Ruef and the su-
pervisors might bias the talesman
against the district attorney in the trial
of Patrick Calhoun. Then the confer
ence between the dNAOAhNSS N"@' ---A1'
Iangdon challenged and the defense did
not DENY. A talesman who was OPP
posed TO both sides was not wanted by
either.
Eohn McAuliffe. formerly in the mil
linerv business, showed disposition
10 qualify, and said he had not formed
any opinion in the case. He was FOUND
10 be the father in law of policeman
Leo Bunner who is the brother OF
Steven Eunner. a detective. McAulfe
said he read the Examiner, and he
was excused by consent of the attor-
neys Cor both sides.
PECULIAR MENTAL STATE
George n Armsby. a businessman n.
of the firm of J. X. Armsby & Co,
made the rather startling statement
that he would not Judge the case
entirely upon the evidence presented
AT the trial and the law as voiced
by the Judge, but would sake into con-
sideration what he termed the equity
IN the matter When asked by Stanley
Moore what he meant by that term
Armsby replied that he believed that
the situation in San Francisco, created
by a majority Of the voters, should be
given as much weight as the testi-
mOny" meaning. evidently, that the
people had elected the grafters. and
implying as the attorneys took it, that
favors and surrounded by grafters
should not be judged too harshly If
ne offered a bribe-
Armsby was excused without oppo-
sition.
Eight talesmen we're disqualified
during the day because they had read
the exclusive story of the confessions
OF the supervisors to the grand jury,
contained in The Call of April 26, 1907.
and given in verbatim question and
answer form. They were John f.
Twigg the boatbuilder Leon Levin,
Henry Nibbe, Dennis J. Sullivan. a
brother Of the juror in the Ruef case
who held out so long for acquittal;
Joseph Aaron. Gervaizio Ratio, John
r. Connell and William Nicol. Aaron
showed q Willingness to serve on the
jury, but was excused by consent
The eighth venire of 100 names was
drawn yesterday. and another venire
Of the same number viii be drawn this
morning when the court convenes at
$3.50 o'clock.