The San Francisco call., 1909-03-03
By w. Russell Cole

The trolley bribery was. to my mind
unnecessary and unjust because the
United Railroads could have received
its franchise from the supervisors with
out any bribery. Public opinion was 50
strong at that time that the super
visors would have been forced to grant
such a franchise if the request had
been openly made"
Such was the brief, succinct summing
up yesterday by David C. Talbot, a
talesman in the Calhoun case, of his
views on the subject of the trolley
bribery. It was a direct, open state
ment of the very idea which Heney
often had sought to bring other tales
men under examination to express.
Talbot was different; he needed no
urging. He volunteered the statement
Of his own accord. and he put into two
sentences the very gist of the theory
on which the prosecution in the present
case was based.
Talbot was under examination by
Earl Rogers OF the defense, but Rogers
did not tarry on the subject after the
talesman had voiced his opinions SO
forcefully and logically. The state
ment he made was a well put refuta-
IlOn OF the SO OIloH-FeiteEdltQ CHAR e.
of persecution" and of "holdup" bug
aboo
Il believe that Mr.. Calhoun is guilty
and ought to be punished" he con-
tinued, so 1 don't think that l could
act fairly and impartially as juror.
CHALLENGED BY DEFENSE
Talbot was quickly excused on chal-
lenge Of the defense. He was one of
&c who failed to qualify and were dis
missed, but one talesman survived the
ordeal of examination and was passed
to fill the eleventh place in the jury
box. This was John T. Costello, an in
surance broker, living at 2645 Meal
lister street and formerly a bailiff in
Judge SeawelTs court. Costello said
that he had many friends and acquaint-
ances connected with both sides of the
case but he was positive in his asser-
tion that this would not influence his
action as juror In the event that he
was sworn to serve. He had argued
the case too, he said, taking both sides
at different times for the pure love of
argument. He described one of these
debates in which he had supported the
negative side of the question. Re
solved. that as long as Calhoun is
prosecuted there will be no good
weather." Costello ceuldn't explain the
logic of his opponents contention and
the effort TO dndlyZe lilt di SuhitHl WdS
given up by the defense.
The talesman told Assistant District
Attorney Heney that he swould believe
the testimony of the former supervisors
and that instead of looking upon the
trolley bribery as a holdup he consid-
cred it just the opposite. He quoted
himself as having said in the course OF
one of his arguments that IF the well
fare of the town depends on Calhoun
or any other one man we'd better get
out" He was passed by Heney and
admitted to the jury box without chal-
lenge.
1t is not necessary for a person to
remain actually. in attendance on the
Calhoun trial to keep tally on the
progress of the case. One who drops
into the neighborhood of Carpenters
hall at o'clock each afternoon when
court adjourns can find a never falling
barometer. Sometimes weary crowd
will stream through the front doors
of the building and dispense; sometimes
there will be a wild chase by three oil
four men with cameras after a lone
individual who generally scurries over
brick piles and ash heaps through the
alley between Fulton and McAlliste1
streets. Such a phenomenon always
means that new juror has been ac-
cepted, and it was accomplished with