The San Francisco call., 1909-03-25

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was enough TO make him offensive II
the attorneys for Patrick Calhoun. but
even they realized that it was not
enough 10 form an adequate ground for
challenge.
FAVORED IMPARTIAL TRIAL
Cray testified positively that he had
never expressed an opinion concerning
the guilt or innocence Of the defendant
and that he could weigh any evidence /
produced and base a decision on that
alone.
Cray said that the arguments in which
he had participated regarding the mer
its OF the graft prosecution had been
confined TO the general subject, and that
he had always qualified an expression
OF his views by declaring that every
defendant should have fair and impair
tial trial
He drew the line between a political
quarrel and campaign for clean gov
ernment. and stated that If Calhoun
really wanted an absolutely fair trial
he felt himself capable Of serving sat /
isfactorily TO both sides.
The convictions in the Ruef and Cof-
fey cases were taken by Gray as con-
elusive Of the guilt Of those defendants
and as proof Of the fact that bribes had
been paid in the trolley franchise mat
ter. but as he expressed it, that had
nothing 10 do with the subject of Pat
rick Calhoun's guilt or innocence.
LONG LEGAL ARGUMENT
His statements led TO an extended
legal argument between the attorneys
over the right to inquire into certain
phases Of the jurors belief. and in the
end Earl Rogers Of the defense prae-
ucaly declared that he did not believe
The testimony Gray had given.
Rogers said he had half a mind 10
ton as il stood. but his other half a
mind seemed TO have the preponderance
OF influence in finally deciding him, and
he announced that he would like time
to produce witnesses to prove that
Gray had declared his belief in Cal
houn's guilt.
Judge Lawlor put several questions
10 the juror, expressed himself in Sc
rious doubt and ended by allowing the
challenge on the whole examination
and in the interest Of time"
50 Gray was excused because he
strongly believed in the principle Of
clean government and the prosecution
OF Wrongooers, rather than because he
entertained opinions which might work
TO the detriment Of the defendant.
TALESMAN AVOIDS SERVICE
The law that relieves an active or
past member Of the state militia from
jury service was another thing that
operated to keep the trial at a stand
sun yesterday so far as progress was
concerned. Henry W. Frank, a tales
man under examination during the
morning session OF court, showed every
indication Of weathering the storm of
inquiry and bringing up safely within
The jury box without challenge from
either side.
From all appearances he was ac
eeptaoie to every one concerned until
IT developed that he had served in the
niiltia- he expressed a desire to
stand on his privilege Of avoiding f11rv
service, and the court was required to
excuse him.
The first indication of any belief ex-
listing among the active particfnants
IN the case that the delay of Jury i'm
parchment is nearing an end and that
the actual beginning of the trial IS
within hailing distance was given yes
terday by the absence of Assistant
District Attorney Heney from the
courtroom.
HEAEY PREPARES FOR HEARING
O'Gara took complete charge of rne
work in court for the prosecution. and
II was explained that Heney was en-
gagged IN his Office in preparing the
outline OF the case proper as IL is to
be presented TO the jury. A new venire
ot talesmen was preliminarily ex-
amined yesterday morning, and during
The day IS talesmen were questioned
BY the attorneys and excused.
Calhoun heard himself declared
guilty by several talesmen. who said
that evidence could not change their
opinions; two or three others were Of
the class who would not believe the
supervisors under oath, and the rest
OF tnose who were examined were ex-
cused on the grounds usually nut for
ward.
OPINIONS AGAINST CALHOUN
John B. Glunz. a contractor and
builder, believed Calhoun to be sr1,iItv
OF the offense charged and said tbs+
though he would continue to think 81
II sworn as a juror, he would not LET
this personal belief affect his verdict
He could not testify that he had NOT
read portions of the published con-
fessions Of the supervisors and conse-
Quently the challenge interposed was
not resisted.
Frank n. Goodrich. a former car
toonist on The Call, said he had car-
tooned Calhoun several times He told
Rogers that he had done this on the
dictation OF his own conscience and
that his opinions were strong ones
other talesmen who were xannined
and excused were Richard
Glszier, Max E. Glucksman, Frank I
Grimley. Herman w. Grau. Louis
Haas, Fred w. Goetz, John A. M
Boiler, Louis Haas. Joseph B. Haffer
Louis Grunauer and Charles A. Gwynn
CIVIL SERVICE EXAMINATIoN-The civil
service commission announced an exauinat,on
FOR class clerks 10 be given in the Mission
high school April Il. About 100 clerkshps are
flied each wear By apDointnpnf in the .-,rio,,s