The San Francisco call., 1909-04-10
ELEVENTH JUROR
IN THE CALHOUN
CASE IS SWORN
Otto t. HiIdebrecht, a Designer,
Is Finally Passed by
Both Sides
Box Is Filled, but Defense Uses
One of Its PeremptOry
Challenges

case was finally passed yesterday, and
was sworn to serve. He is Otto T. Hill
debrecht, a retired designer living at
10 Belvedere street. Another talesman
has been passed for the time being. but
his examination may be reopened today.
once more the jury box was filled yes
terday afternoon, and the defense used
one Of its peremptory challenges in
keeping the number of finally accepted
jurors down to IL.
Family relationship and socialistic
doctrines played a large part in the
developments Of the trial during the
afternoon. William Theodore Lutge, "a
contractor living at 442s Nineteenth
avenue, was passed subject TO peremp-
tory challange, but was later dismissed
by the defense. The next man called
was his brother Richard Lutge, of 1881
Capp street, who also qualified on the
examination addressed TO him, but may
be questioned further this morning.
William T Lutge was passed over the
protest Of the defense, being the first
talesman since the trial began who has
been accepted over the objection of
either side A futile attempt was made
10y Stanley Moore OF the defense to rid
the jury box Of his presence, and when
challenge was disallOwed by the
court Moore at once used one Of the re-
naming peremptories.
EXPRESSES UNUSUAL VIEWS
" T. Lutge, who was at one time a
candidate for the board Of supervisors
on the socialist ticket expressed some
unusual views concerning the graft sit
uation. He said that he had been ia
vOrable 10 the United Railroads during
The car strike controversy. but had no
opinion regarding the guilt or inno-
cence Of the defendant in the present
case. From reading and general dis
cussiOn he had gained the impression
that the supervisors of the Schmitz
board had accepted money for their
votes. but said that this would not
weigh with him in considering the evil
dence introduced.
Lutge said that he had been sick
during the most OF last year and had
given little attention TO the graft cases.
He had met several OF the United Rail-
road officials in connection with claim
which he had growing out of street.
car accident, but stated that the mat
ter had been satisfactorily settled. and
that he held no hostility toward Patrick
Calhoun
O'Gara examined Lutge after he had
been passed by Stanley Moore and
passed him. Moore took UP the exami-
nation for a second time. but made no
hesdway, and was finally interrupted
by Judge Lawlor. A formal challenge
was interposed by Moore and was
promptly disaIlowed by the court
EXCUSED BY DEFENSE
This acceptance Of Lutge filed the
one vacancy in the jury box. and Judge
Lawlor called for peremptory chal-
lenges. OGara said that he wished to
consult Assistant District Attorney
Heney before exercising his prerogative
in the matter and Judge Lawlor grant
ed his request. Heney was sent for,
and in the meantime Judge Lawlor or
dered the examination Of other tales
men to proceed although Stanley Moore
objected TO going ahead while the box
was full
When Heney entered the courtroom
there was a long conference between
him and OGara, at the end of which
O'Gara announced that the prosecution
was satisfied with the jury as ii stood.
Stanley Moore conveTsed for some time
with his colleagues and then used a
peremptory challenge on Lutge. leaving
Otto T. Hildebrecht to be sworn as the
eleventh juror.
had continued and the first man called
to the jury box was Richard Lutge OF
1881 Capp street. a brother Of w T.
Lutge The talesman had much the
same state of mind as his brother but
said that he could set aside any opiniou
which he had. He also had a recent
claim against the United Railroads for
damages. but said that the matter had
% been satisfactorily settled. STANLEY
Moore asked him If he had discussed
the Calhoun case with his brother. and
he admitted that he had taken lunch
with him at noon and had talked ovel
various subjects with him, but haC
forgotten the details of the converse.
tiOn.
SUYDAM Is QUESTIONED
Richard Lutge was temporaril,
passed by both the prosecution anC
defense. but in order to allow time Il
the defense to look up the talesman',
Allegation with the United Railroad,
Judge Lawlor continued the examina
tion until tisis morning Before an
nouncing that the prosecution wa,
satisfied with the men in the box Hene,
asked permission TO put a question Il
Charles II. Suydam. one Of the frs
six jurors sworn. Heney said that h.
had received a communication to tn,
effect that Suydam was a persona
friend Of William NJ. Abbott Suydau
said that he had only met Abbott ono,
and that their acquaintance did no
amount TO personal friendship
That is all" said Heney
BOTH BROTHERS START
When Stanley Moore announced tha
the defense would excuse Lutge," boil
brothers got up and started to leav,