The San Francisco call., 1909-07-27
TALESMEN FAIL
TO QUALIFY IN
CALHOUN TRIAL
Fixed Opinions Result in Chal-
Ienges and Jury Box Is
Still Vacant
Merchant Says God Almighty
Could Not Alter His Belief in
Trolley Chiefs Innocence

A venireman suffering from dyspep-
sia and combination OF stomach all
ments introduced moment OF merri-
ment into the Calhoun trial yesterday
by declaring dolefully that mad at
tempted TO secure a certificate OF i'll
health from his physician before ap-
pearing for examination as 10 his quail
ihcations to serve as a juror but that
the physician had not cared 10 issue
the certificate.
He has treated me for years" Jo-
seph F. Korbel. the talesman. said.
but maybe he did not care to give
me the certificate. after what Judge
Dunno said about physicians the other
day-that they would give anybody
certificate Of I'll health if they were
paid enough
What is your physicians name?"
Judge Lawlor asked. with smile.
DIR. c. D. McGettigan." Korbel said,
and a burst Of laughter greeted the
name Of the wen known physician.
7 assure you Judge Dunnes re-
marks did not influence me at all in
this matter" Doctor McGettigan laugh
ingly said yesterday afternoon. when
asked concerning the case. Il told Kor-
hel that I did not think him quite I'll
enough 10 demand a certificate, though
he Is not absolutely -Tell''
BUSINESSMEN ARE CHALLENGED
Two prominent businessmen. Horatio
g. Hellman. retired capitalist and
clubmsn. and Alexander NJ. Dollar of
the Dollar steamship company were
examined yesterday and excused. Dol
lar expressed stronS opinion. and
was challenged by the prosecution.
The defense found that Hellman was
= subscribing member Of the League
OF Justice. and thereupon Earl Rogers
who. made his first appearance in the
secoM Calhoun trial yesterday. began
a CAMPAIGN TO oust the talesman, even
though the citizen had declared repeat
edly that he would not take with him
into the jury box the opinion he enter
tained regarding the case.
DO YOU know that the law SAYS that
the defendant is ensItled 10 a pre-
sumption OF innocence until he is
proved guilty. and thar the evidence
must demonstrate guilt beyond and to
tae exclusion of a reasonable doubt?"
Rogers asked.
II do" replied Hellman. and / would
give the defendant 1hat presumption
81 innocence. The prosecution would
have 10 prove TO me absolutely the
Euilt Of the defendant. or I would vote
Tor his acquittal."
At length after much pickering. the
talesmsn was challenged by the de-
fense and the challenge resisted by
the prosecution Judge Lawlor there
upon asked Hellman whether he might
not be inclined TO look for evidence
that would point TO the defendants
guilt throughout the course of the
trial. and Hellman. after thinking the
matter over. decided that he might do
50. Lawlor then sustained the defense
and excused the talesman. with the
statement that the law provides that
in case Of a resisted challenge the
Judge shall resolve all doubts in favor
Of the challenger.
Joseph Lowenstein. Isaac Cohn. Ber-
nard Herzberg. Alfred Lilienfeld and
Charles A Jacobs all declared they
had opinions, and ALI save Jacobs were
frank in arranging themselves on the
side Of the defense.
QUESTIONED AS TO CONFESSIONS
The story Of the confession of the
Doodle supervisors TO the grand Jury
which appeared exclusively in The Call
- ApFl % ASots played prominent
part IN the proceedings yesterday, and
the defense used il often in attempt
ing 10 secure the dismissal Of tales
men they did not fancy. The testi-
mony as given in The Call was com
plete, giving the questions asked be-
fore the grand jury and the answers
given by the supervisors. and any
talesman who remembers reading the
story is disqualified Fred 3. Surrhyne.
a real estate dealer. recalled having
read the testimony in The Call. and
WAS excused by consent.
rwenty-one talesmen were examined
ans excused yesterday, and thus the
sixth day OF the Calhoun trial has
passed without even a temporary Juror
having been secured. Another special
venire OF 100, returnable Wednesday
morning. was drawn yesterday, and to-
morrow 100 additional names win be
drawn. Thus since the trial began slO
names have been drawn for Jury serv-
ice, and pa Of these examined and ex-
cused. OF these 1O9 have been exam
ined by the attorneys. and I25 oues-
TONED by Judge Lawlor only. and dis
missed for some obvious reasons of
business necessity. III health. or re-
lated causes.
The trial goes on at 3 O'Clock this
morning.