The San Francisco call., 1909-04-13
CALHOUN JURY
BOX CONTAINS
THIRTEEN MEN
AL Appear Eligible, but Two
Are Subject to Peremp=
tory Challenge
Richard Lutge or Otto Mack
roth May Be Chosen to
Complete Panel

When the Calhoun case adjourned
last night the jury was top heavy. 1t
really is a question whether or not
the II men to try the defendant have
been found. There are IS men in the
box, and allSof them look like jurors,
yet two Of the number have been ac
cepted only subject to peremptory
challenge and may yet be disqualified.
Things took a somewhat unusual
turn Yesterday. Richard Lutge, whose
examination was continued from last
week, was not finally disposed of. He
of certain damage suits which he had
inquired in as a plaintiff against the
United Railroads might be looked up,
but the question at issue was still up
in the air yesterday, and was put over
until this morning. Had Lutge been
finally accepted he would have been
the twelfth juror. and only the exer-
else of peremptory challenge would
have stood in the way of the final
impanelment of the jury.
EXAMINATION PROCEEDS
In the meantime, however. the ex-
animation of talesmen went on as
though there was still a vacancy to
NIL, and another talesman, Otto III.
Mackroth. qualified for service subject
to peremptory challenge. With af-
fairs in this condition 1t was impossible
for the court to call for peremptory
challenges, for Lutges case takes
precedence over that of Mackroth. So.
instead of wasting half day. Judge
Lawlor ordered that the examination
of still other jurors be taken up. and
when court adjourned John L. Lynch,
a contracting lather, was undergoing
the usual fire of inquiry and was with
standing it nobly when adjournment
hour arrived.
HOW THE JURY STANDS
The way the jury stands, then, is
this: There are II jurors finally sworn
TO try the case; one, Richard Lutge,
has first call on the twelfth seat in
the box in the event that his connec-
tion with damage suits should not be
considered prejudicial and that he
should weather the peremptory chal-
lenge state; Otto II. Mackroth is in
position to step In for duty if Lutge
fails to qualify, and John L. Lynch is
still lingering on the edge. Incidentally
titCAC etlC 1bOAI ov ldlSSliSA ieIl lOI
examination out of the thirty fourth
special jury yenire and another spe-
cial venire of so has been made re-
turnable Wednesday morning.
The Lutge case was continued twice
yesterday The talesman was present
at the beginning of the morning ses-
sion, but the details of his several 1iti-
cations with the United Railroads had
not been examined into. and the in
quiry was left in allegiance until after
noon. Then he appeared again, but
he was unable TO remember the de-
tails of the suits in question and could
not confirm the reports which CAL
houn's attorneys had secured in the
meantime. He remembered that two
claims which he held against the
United Railroads had been paid, but
thought that a third was still pend
ing. He declared that such matters
make no difference in his attitude as
a juror Il he were accepted to try the
case, but Judge Lawlor declared that
he wished to have all parties fully
satisfied on this point before making
his ruling.
MOORE PLAYS FOR TINE
Stanley Moore OF Calhouns counsel
suggested that the challenge which he
had previously interposed should be
allowed on the strength of the whole
examination, irrespective of the settle
ment of the question of suits involved
He claimed that the talesman had al
ready disqualified himself but Judge
Lawlor refused to rule until he had ex-
amined the transcript of the tales
mans testimony again. Moore seemed
to be playing for time and probably
will make an effort today 10 reopen
the entire examination of Lutge.
MACKROTH IS PASSED
Otto II Mackroth who was passed on
preliminary examination, is retired
grocer living at 2776 Union street. He
said that his wife knew former Mayor
Eugene f. Schmitz through being
member of the same church, and that
Schmitz had been a guest in his home
at the wedding of niece. Macroth
had not met Schmitz personally, how
ever and declared that he believed
Schmitz guilty of the charges against
him and favored his prosecution on the
indictments which have been returned.
He was not prejudiced against immun-
ity, believing that this was a thing for
the district attorney to determine, but
said that he thought too much had
been given and that the desired ends
would have been attained had fewer
been let off without prose-
cution.
Mackroth said he had signed a Good
league membership card
which had been sent him by mail, but
had never been active in the affairs
of the organization. He knew both
A. A. Moore and Stanley Moore OF Call
houn's counsel having met them while
serving as a jorur in Judge Murasky's S
court IN a damage suit in which they
appeared in behalf Of the United Rail