The San Francisco call., 1909-03-09
HOODOO HOLE IN
CALHOUN JURY
BOX YET YAWNS
Another BaIk at Barrier of
PeremptOry Challenges
Takes Place
Juror Not on Assessment Roll
Is Let Go and Now There
Are Eleven
One TaleSman Exhibits Marked
Copies of Globe, Mailed
to Him
By ". RusseH Cole

BY W. RuSSeU (OIe
Like the predictions of a weather
prophet. all forecasts relating to what
is likely TO happen at any given time
in the Calhoun trial are subject TO re-
versal without notice This fact is not
newly discovered, but it was given ad-
ditional demonstration yesterday and
so is deserving Of mention at this
time
1T was the unexpected, but not the
unprecedented. which happened. There
was simply one more balk at the bar
rier of peremptory challenges and once
again the trial slipped backward in
stead Of moving forward. Another
temporarily accepted juror was elimi-
mated from the running without the
use Of a precious peremptory, and the
single hoodoo vacancy which has re-
mained so long untitled again exists in
the jury box.
JUROR Is EXCUSED
John r. Allen. a salesman for Muir
ply. Grant & Co. who was passed to
the box last Friday, was the talesman
excused yesterday, the ground of the
challenge being that his name did not
appear upon the assessment roll. Judge
Lawlor was the s3rst to make the dis
covery Of this lack OF qualification, and
despite the Jurors assertion that his
name ought 10 be among those of the
city's tax payers a careful search Of
The records in the assessors Office
failed TO show IL on the list The
prosecution insisted on relying on the
md III
was no protest from the defense after
The first examination of the assessment
roll had been supplemented by a sec
ond.
There was a ripple of excitement
raised during the morning session of
court over the disclosure Of evidence
that steps are being taken by some one
outside the courtroom to prejudice the
minds of the veniremen against the
prosecution before they are summoned
for examination.
The method that has been adopted
was laid bare by Daniel ]. Barr. man
niacturers agent, who was among the
Veniremen on the new special panel
summoned for preliminary examina-
tion yesterday morning. Barr stated
that about TWO hours after he had been
given his summons 10 appesr as a
talesman he received through the mali
an anonymous letter containing marked
copies Of certain pages of the Globe
containing matter derOgatory TO the
prosecution and directly relating 10 tba
Calhoun trial.
GIVES 1T TO COURT
The envelope received by Barr was
handed 10 the court, together with its
contents. The latter consisted of mart
OF a recent issue of the Globe, in which
was published a large amount of de-
tamatory criticism of the methods en-
Tr1 f-
houn case The articles in question
were marked with a heavy blue pencil
and on the margins We're stamped di-
recuons 10 examine the opposite side.
The fact that a stamp was used for
this purpose was taken as an indica
tion that this particular incident was
not. one standing alone but that the
clippings had been mailed to many
others as well as TO Barr The latter
was excused from jury service bv
Judge Lawlor. and no further formal
attention was given to the matter
which he had brought to the courts at
tention.
There was no lack of interest in the
afternoon proceedings. despite the dis
qualification of John r. Allen. Several
other talesmen were examined, and al
though none Of them was retained. the
Inquiries brought out an unusually
James J. Arthur, who was passed
last Friday, was recalled for a supple
mentary examination by the defense
but was passed without challenge after
a number Of question had been put 10
him concerning statements he had
made while under examination as
prospective juror in the Ruef trial Ar
thur was straightforward in all his
answers and seemed TO make an un-
usually good impression on both sides.
THE AS RULE DAY
The Aliens and the Arnolds had al
most a monopoly OF the proceedings
during the afternoon, three of the for
NOR name and two OF the latter being
among the few around whom the
progress Of examinations centered. Be
sides John r. Allen, who was disqualf-
fed at the beginning of the session
there was a William J. Allen and a
John 5. Allen on the list of those called
into the box William j.. who was
proprietor OF a planning mill. had an
opinion that began at the time the su-
pervisors confessed. and that has since
become more firmly fixed, and also had
a feeling Of hostility toward the de-
fendant He was excused after short
examination.
John 5 Allen remained only little
longer in the box. lie believed that
bribery had occurred in the trolley
matter and that money was passed by
some one connected with the United
Railroads. but said that in spite Of this
he could leave his mind open to Judge
OF the guilt or innocence OF the de-
fendsnt on the evidence produced and
nothing else His frankness Of ex-
preston and positive assurance that
he would not let any beliefs he en-
fertained influence him caused the
prosecution to deny a challenge in
terposed by the defense. Judge Lawlor
questioned the talesman himself. how
ever, and held that the challenge should
be allowed.
NOTABLE EXAMINATION
Arthur H. Voigt Of 416 Turk street,
manufacturer Of a mending cement
was the chief figure in long examina-
tiOn which might stand as an object
lesson and furnish considerable ma
terial for thought 70 a psychologist or
legislator with an interest in the vices
that exist in criminal law practice
From start to finish, Voigt's examina-
fion at the hands OF Stanley Moore of
the defense was an Illustration Of the
possibilities that exist for disquaIifying
any intelligent man from jury Service,