The San Francisco call., 1909-02-11
ILLNESS DELAYS
CALHOUN TRIAL
Francis j. Heney Suffering
From Severe Cold and Physi-
clan Objects to Attendance
Feared That Prosecutors Com
ditiOn Is Due to After Effects
of Attempted Assassination
BY w. Russell Cole

An unexpected delay was caused In
the trial of Patrick Calhoun yesterday
by the illness of Francis J. Heney, who
is confined to his bed with a severe
cold, and 1T is possible that the i'm
parchment of the jury will not be re-
sumed until Monday morning The case
was continued until this morning, and
If Heney is able to appear peremptory
challenges will be exercised and reg
ular session held
Heney was suffering from cold
Tuesday and after leaving court early
IN the day went to bed. DIR. Herbert
c. Moffitt notified Judge Law1or that
he had been called to attend the
patient and that Heney would not be
allowed, with his consent, to leave his
bed for at least another "a hours.
In speaking OF Heney's illness Judge
Lawlor mentioned a visit recently made
him by DIR. Shadworth Beasley, who
was one of the physicians in attend
ance after Heney was shot. stating
that DIR. Beasley had spoken of his
apprehensions concerning Heney's ner-
vous condition as a result of the shoot
ing. Judge Lawlor said that he him
self inquired of Heney regarding his
own views of his general physical con-
dition, and that having these matters
in mind he had determined to order
the recess yesterday on the strength of
DEFENSE DOES NOT OBJECT
Attorney Stanley Moore announced
that there would be no objection on
which the court might see fit to order
under the circumstances, and was
thanked by Assistant District Attorney
O'Gara for the courtesy.
The morning session of court was
given over to the examination by the
court of the members of the tenth spe-
cial jury venire, which proved to be
the least productive OF any, only 10
out OF so talesmen qualifying for ex
animation. Another special venire of
80 was ordered summoned for Monday
morning.
A brief session was held in the aft
ernoon in order to give accepted tales
men, who were absent at the morning
session, an opportunity to appear. Juror
Robert B. Symington, passed Tuesday
subject to peremptory challenge, asked
permission to make a statement quali-
flying his examination at that time.
Il stated yesterday that / knew no
one connected with either side of this
case" he said ''and / want to amend
that. 1t occurred to me afterward that
Mr.. Garret McEnerney, who, think, is
connected in some way with Mr.. Cal
houn, is a director of some companies
him more than slightly personally, and
don't think he knows me personally"
The statement was accepted without
comment by either O'Gara or Stanley
Moore, the only attorneys present If
court is resumed this morning peremp-
tory challenges will be exercised at
once; otherwise they will not be con-
sidered until Monday morning, as to-
morrow is a legal holiday and as no
session OF the trial will be held Satur-
day.
TALEsMEN EXAMINED
The list of talesmen held yesterday
for examination by the attorneys, in
GLIDING the two remaining from the
previous panel, is as follows:
stephen t. Nutting % Palm Avenue.
Henry A. Nordquist, 36 Commonwealth avenue
Christian II. Newhaus, Hotel STANLEY, Cali
fornia street.
TaiImadge Norwood 1896 Eddy street.
Louis Oesterricher, 112l Ellis street.
Andrew Olson. 377 Fair Oak street.
Alfred Olson, 667 Waller street.
George NJ Rudebeck, 493 Seventh avenue.
Charles c. Riedy, 3736 Jackson street.
Thomas +. Ryan, 52S Fourth
Harold w Robinson, PAL West Clay street.
william H. Roussell, 36 Palm avenue.
Amandus Repsold, 1911 Webster street.
Hugh IT, Roberts, 220 Clayton street.
Charles II. Suydam, 2201 California street.
Charles C.. Stallman, 1906 Fell street.
Herman Stale 1884 Masonic avenue.
William +. stone, 1865 Broderick street.