The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-01-21

talesman's opinions inclined by ap-
preaching the forbidden subject in
roundabout manner while examining
John J. Keller, a real estate man. KEEL
Ter declared that he understood that a
presumption of innocence should clothe
the defendant, and Moore asked: rs
there any opinion in your mind now
that would have to be set aside in
order to give Mr. Calhoun that pre-
sumption of innocence?'
Heney was quick to detect the sub
terfuge, and objected to the question
as 'disingenuous." Judge Lawlor put
an end to the resulting argument, TAX
ing Heneys view of the matter and
warning Moore that inquiries tending
TO elicit the forbidden information
Moore from further anxiety by reach
ing to the question himself on the
trial Of a challenge which he inter
posed. There was no subterfuge this
time; the question was put direct
whether Keller believed Calhoun was
guilty of the bribery of the super
Visors.
IF he did do it I think he was held
up" Keller answered. II also have a
strong feeling that he should not be
prosecuted and don't think 1 could hon.
not be a fair and impartial juror"
Keller added that he might not con-
Wet the defendant even If convinced
that the evidence warranted Heney's
challenge was not contested
KEEPS LAWYERS GUESSING
Samuel Kennedy of 1921 Bryant
street, one of the proprietors of the
Eagle foundry. kept the entire staff of
attorneys guessing for nearly an hour,
and then was disqualified. The defense
entered the first challenge, which was
denied by the prosecution, and for a
time it seemed that Kennedy was well
on the road to the jury box. The only
point developed on which the challenge
could be hung was Kennedys state
ment that he believed the supervisors
got money, because they said they did,
and he didn't see why they would want
TO lie about it,
Behind the challenge, however, was
his previous assertion that though now
an employer, he had been for many
years an active member of the iron
molders' union, which extended sub
stantial aid TO the carmen during the
car strike.
Heney had all the best of the argu-
ment after the challenge had been re-
sisted. Kennedy said that his sympa-
thies would play no part in regard to
his verdict as juror, and that he
could act with absolute fairness.
Moore's long endeavor to break Ken
nedy down was unsuccessful, for each
| time Heney brought the prospective
juror back to the declaration that
nothing but the evidence presented in
the case would influence him The
challenge finally was submitted and
promptly disallowed, but this did not
end the matter. Moore insisted on the
right TO further examine but instead
of undertaking a new line of inquiry
drifted back Immediately to the same
questions. Judge LawIor stopped this
trend of the examination and told
Moore that the former subject matter
was closed TO additional inquiry.
TALESMAN is EXCUSED
Once again Moore went after the
talesman and this time he found the
right opening. Kennedy very un-
equivocally asserted that he had
prejudice against circumstantial evil
dence and wouldn't convict on such
evidence, no matter how strong 1t ap-
peared Although it had taken nearly
an hour to secure this declaration, 1t
took but about 80 seconds to act upon
IL. Moore renewed his challenge, and
this time Heney had no desire to resist
the removal of the talesman.
Charles Z. Macy, secretary of the Be
kins van and storage company, was
another talesman who remained under
examination for more than an hour
while a long, tireless inquiry that
tended nowhere was addressed to him.l
Byington conducted the examination of
this and succeeding talesmen for the
defense and his method of avoiding
the subject of opinion until after going
into interminable side issues made him
the chief offender as regards waste of
time. Macy became unpopular with the
defense as soon as he made the state
ment that he was a member of the
League of Justice. The matter might
have ended there with a direct ques-
tion as to whether he held an opinion
on the defendants guilt or innocence
but the direct question was not put
Macy was told to explain the objects
of the League of Justice, and said that
to his understanding the organization
was to promote justice in San Fran
cisco in all cases, whether connected
with the graft prosecution or not BY
ington fingered on the subject until
the talesman's fund of information was
exhausted, and succeeded only in bring
ing out that young woman was in
the courtroom taking stenographic