The San Francisco call., 1909-04-29
CHARGES SIGNS
MADE TO JUROR
IN GRAFT TRIAL
Prosecutors Question Alleged
Signals Directed at Men
in Box
Calhoun Jumps TO Feet and Pro=
tests to Judge Against
Accusation


TO the effect that he had met Fishbeck
and "a companion in the. entrance hall
70 the courtroom and had brought them
. in and given them seats near Calhoun
because all the space allotted 10 spec
tators was filled. lie said that before
sinyiting them into the room he had
told them that they were foolish to
try to get IN" AS Barrett resumed his
seat Juror Joseph Dixon arose and
asked permission Of the court to: make
a statement
II am the juror to whom Mr. Heney
referred" he said. i saw Mr. Fishbeck
in the courtroom the other day and we
bowed 10 each other. We We're school
mates together, and I. thought. there
was no harm in the fact that we
nodded. ] don't understand that it is
wrong for me TO acknowledge an ac-
Guaintance~
1T is not" answered Heney quickly.
No blame can attach to any juror be-
cause he bows TO a friend"
II was at this point that Calhoun,
who had been twisting nervously in his
chair. suddenly jumped TO his feet and
began statement without prefacing it
with a request. TO the court for permis-
sion to be heard. A. A Moore the
senior member of his counsel. moved
toward him as though TO interrupt, but
evidently thought better of the .inten-
lion and sank back in his chair. wait
ing. with the other members of the
stan Of attorneys. until their employer
had finished his plea.
Calhoun Addresses Court
7 wish TO designate what has been
said as misconduct" declared Calhoun.
i am on trial here for my liberty and
wish 10 protest against the conduct
or the district attorney. It is contrary
TO every rule of law practiced among
English speaking peop-es The object
undoubtedly is to exercise a controlling
influence over this jury by holding over
them a threat growing from a charge
that man had made cabalistic figures
At sply desk. My liberty is at stake and
i appeal 20 the court. Through the
course Of this trial I have instructed my
counsel and have endeavOred myself to
conduct this case with the dignity be-
coming an American citizen en- trial for
his liberty
If Calhoun's unprecedented interjec-
tion of his own personality into the
actual trial of the case was a carefully
preneditated and long sought for at
tempt 10 create a striking impression
ano interfere with the ordinary conduct
OF the trial by arousing an angry OBJ
3ection from the prosecution, il was
signal failure. Heney's answer. which
was tile only' comment on the incident
was the most quiet and polite response
that could have been given.
My whole object in mentioning this
matter. he said, was TO use every
means in my power to protect the inter-
ests Of the people of tse state of Cali
fornia- The conduct OF this jury has
been above reproach and I believe that
the conduct of the defendant has been
exemplary That is more. however;
than I can say for all his attorneys"
Judge LawIor stated that he had not
observed the conduct OF the young man
in question concerning whom O'Gara
had first spoken and that he would
therefore drop the~ matter where it
stood This was the ending OF it all
and a minute later adjournment was
ordered for the daV