The San Francisco call., 1909-07-23
STILL WITHOUT
JUROR IN THE
CALHOUN TRIAL
IsadOr Rosenberg Escapes When
He Tells of Inclination to
Favor Defendant
Talesman Ira Fancher Testi-
fies That Mysterious "Maga-
zine Writer" Visited Him


spectators Of the Calhoun trial yester-
day while Isador Rosenberg. q tales
man. whose examination was continued
from Wednesday, surmounted query
piled upon query in the legal obstacle
race that leads totthe jury box and all
but reached the goal
Finally. after atsuccessful showing OF
over two hours duration, Rosenberg
tripped upon what promised to be the
last obstacle in his path. and was ruled
out His views upon the conclusive
ness Of even the strongest circumstan-
tisl evidence disqualified him. for he
testified that he would be inclined TO
give any defendant the benefit of any
possible doubt that might arise I'm his
mind. and not vote for conviction when
the laws ''ressona Bile" doubt was not
apparent.
Rosenberg, bottle dealer. residing at
1907 Hsight street was queried eX-
haustively Wednesday afternoon. and
finally sent home BY Judge Lawlor 10
discover whether or not he could be
spared from his business The Judge
and the attorneys for both sides were
inclined to think that the businessman's
affairs could prosper without him when
he reported yesterday morning and the
defense attorneys, after a second long
examination, seemed to be satisfied with
the talesmsn.
O'GARA PUTS QUESTION
John O'Gara. however. had this last
question regarding circumstantial evil
dence 10 ask, and it proved the only
point upon which Rosenberg could not
qualify His frank statement of his
state Of mind showed that he would
display more kindness TO any one on
trial than impersonal justice could per-
nit and so, with reluctance, OGara
was compelled TO challenge. and the
talesman was excused despite the denial
OF the defense.
Ira Fancher. q retired carpenter. liv-
ing at 1851 DevisaderO street, was
another talesman left from Wednesday V
and was regarded with Rosenberg as a
possible juror.
Fancher surprised the court by tell
ing Of q mysterious ma agazine repre-
sentative" coming 10 his home during
the progress Of securing jurors for the
first Calhoun trial, and Of just what the
man said TO him
A MYSTERIOUS VISITOR
He told me he wanted the views Of
prominent citizens concerning the graf
prosecution" Fancher said. ITO embody
in an article for an eastern magazine
] told him / was far from prominent
and deciding from the language lie
used that he was not a maga zine
writer but an emplOye OF either the
defense or prosecution, i told him
frankly that I believed that any one
guilty Of wrOngdOing should be pun
ished. but that ] did not know whether
Calhoun was guilty or not
GO tell that to your employer,
said"
Fancher, it developed. had paid as
many as six or seven visits 10 the first
Calhoun trial and heard much testi-
mony. On discovering this the attor-
neys for each side agreed to excuse
him.
A violent Calhoun advocate and q
stout enemy OF the railway magnate
were respectively discovered in James
Ambrose Of 415 Lsguna street and
George J. Youngman of 1873 Alvarado
street. q collector for the Young
Mems Institute. Ambrose, an old man
who has been retired from work for
several years. said that he did not be-
lieve In the prosecution. thought it in
the wrong, and was of the opinion
that il had become persecution" He
was excused by consent, amid laughter.
A HOSTILE UNION MAN
Youngman was as frank in saying TO
CsIhoun's attorneys that he had been a
union man, would not ride on the
streetcars during the car strike, and
could not give the railway rhagnate a
fair trial. YoungmRn was excused as
hastily
Fleoso Tonioli of 4es Union street
vas excused because of his insufficient
knowledge Of the English language,
and Henry A Steffens of 415 Laguna, a
Seloonuan, was allowed to go on the
ststenaent that he could not be made TO
helieve that the supervisors had not
taken money during their term of ONCE
whenever il was offered them.
The seeking of jurors goes on this
morning at $50 O'Clock. new venire
Of 100 names was drawn yesterday for
tomorrow morning also.