The San Francisco call., 1909-02-21
SPYING IN CALHOUN
TRIAL NOW MARKED
aefbOds Employed May Become
- Subject of investigation
in Court
Attorneys on Both Sides Active
ly Prepare for ReOpening
of Case Tuesday

mere was no session Of the Calhoun
trial Yesterday and none viii be held
tomorrow because of the legal holiday
The opposing attorneys were not idle
however. and the day was spent in
preparation Tor the renewal Of the con-
test over the mpanelment Of the Jury.
?. with p men in the jury box the stage
Us n'aar Al hand where peremptorv chalL
r0Se must be exercised. and every
!: -aution is being exercised by each side
20 prevent the swearing in OF any
..3uror who may be at all possessed Of
bias or prejudice of an unfavorabIe
: nature.
Those who have followed the trial
closely do not expect to see the per
.cmptory challenges exercised immedi-
fateiy The twe'fh juror is tenn
'porarily passed. Indications have
). peen plainly manifested that neither
S!oe is entirely content with the
:nlen IN the box. and there IS
every probability that effort will be
: made 10 disQuslify at least one or two
= or the present talesmen on challenge
d0r cause. When the box was FIRST filed
: last week three men were thus dis
e nlssed on the reopening of their eN-
anlnapions. and TINS procedure prob
ABLY VIII be repeated 81 foundation
can be laid for challenge. That such
Is the Intention Of each side was made
evident bE the presence in court last
week ot 2 number OF witnesses sub
penaed because Of their close personal
relations TO some Of the men now in the
box.
No JURORS YET SWORN
II peremptory challenges are not ex-
ereised at once IL may be one. two or
tiree weeks before this first turning
point i'm tie trial is reached. 1t has
taken moro than six weeks 10 bring
the trial TO its present stage and as
set not single juror has been finally
sworn 70 try the case. More than d
thousand venircmen have been sum-
floHed into court and 3S0 have been ex-
.amiEed by the attorneys with the re-
SUIT that II men are now in the jury
5oE. subject 10 the whims OF the attor-
Neys as 10 whether they shall remain
afteT the box is once filled
Interest yesterday centered in the
fl-scuss.on or tho statement made BY
Assistant District Attorney Heney.
Friday. 10 the effect that he believed
than Henry Ach had knowledge that
Norris Haas intended TO kill him Ach.
Eyho was IN sacramento Friday. left
1ae capital yesterday for Bakersfield
aHu coulG not be interviewed. Heney
declared that be did not care to push
the matter any further. and so far as
p the principals were concerned the thing
was dropped.
INsEsTEG AToRs BUSY
There has been no cessation in the
activity OF the corps Of rlry investi-
gators. A new panel OF 50 veniremen
has been ordered for Tuesday. and the
rlen employed 80 discover and report
on The personal views and opinions or
Ahese men were busilT engaged yester-
day Indications also came 10 light
" The prevalence or certain methods
OF spying which may be made the basis
or open investigation in court TIM
SPYING il is claimed BV persons close
To The prosecution. has been carried 10
S2ci an extent that even the attorneys
connected with the case have not been
iree from surveillance.
4 number OF men, representing them
selves IS eastern travelling men and
writers FOR various magazines. have
oeen displaying an active interest in
the progress Of the Calhoun case to
an extent which has drawn suspicion
upon them The antecedents Of these
visitors have been made the subject of
inquiry. and hints were droDped ves
-
Nestg cations may develop into sensa-
tions within a few days.
Klein Found Guilty
PITTSBURG, Feb. 2o-CounciIman
Jonn q. Klein was found guilty late
lAis afternoon IN connection with tic
bribery scandal. Klein was accused Of
% accepting SfT.500 bribe from the
former president and cashier OF tht.
4tlman national bank, in return for
(which he was 10 make the bank a CITY
depository.
That Mayor Guthrie started the inves
Ri8au0n which resulted in the recent
Srart exposures was learned today
through the testimony Of Ernest Frey
= saddler. who alleged that Councilman
Klein had shown him some time ago a
$4,000 biz and is said to have remarked.
that is the way 10 get it."
Frey repeated this remark to CITY
Auditor Kimball. who in turn told
Guthrie An investigation was then
started.
Klein. testifying today in his own de-
fense said be had never seen a 1000
20 Fr n~s