The San Francisco call., 1909-01-28
IMPANFLMFNT
"A BATTLE OF
METAPHYSICS"
Judge LawIOr Gives Apt De-
scriptiOn of Proceedings in
Calhoun Trial
Single Session of Court Held
and Venire Practically
Exhausted
Majority of TaIeSmen Examined
Believe in Guilt of the
Defendant
By w. Russell Cole


Tor the Calhoun trial "a battle Of meta
physics" He said it in sadness rather
than in anger, but he hit upon most
apt description Of the proceedings. Not
only was his measure of method ap-
plicable to the particular incident
which called forth his expression, but
applicable to the case as q whole. as it
has developed since the beginning of
the trial
IT has been the abstract which has
played the most important part in the
examination Of more than 40 talesmen
who have been subjected to inquiry
since the first venire was summoned,
and abstract subjects have furnished
The grounds for more challenges in the
cases OF those excused than have def
nite expressions Of bias or opinion con-
cerning the subject matter directly in
issue. The court has been powerless
10 prevent these digressions, for the
statutes give great latitude to the ex-
amining attorneys and the opportunity
10 take advantage OF this has not been
overlooked.
There was no progress toward the
completion OF the jury yesterday. Only
a single session of court was held. for
a meeting of the superior Judges caused
the afternoon sitting TO be dispensed
with and the noon adjournment was
final for the day. This, however, should
result In no delay in the end, for the
Venire on hand is nearly exhausted, and
had the case gone ahead at fair speed
yesterday afternoon the box probably
would have been emptied, necessitat-
ing 2 lapse until a new panel could
be summoned and returned. As IT is.
q new venire has been ordered, return
able at 4 o'clock this afternoon, and
the latter portion of the day Will be
given over to the hearing Of excuses.
Regular proceedings viii be resumed
IN the meantime at $50 o'clock this
morning. The panel ordered yesterday
numbers SO. making the total venire
summoned TO date 500.
EIGHT TALESMES EXAMINED
Eight talesmen were examined during
the morning. session. but none of them
were brought within striking distance
OF the goal II was the same old story
over again Of opinion. bias, prejudice
and general disqualification, founded on
this. that or the other thing. A tales
he entered the box, but his own opin-
sons were futile in every case against
the Establishments Of the attorneys 1t
has become d matter Of 10 minutes on
the average for the attorneys to prove
absolutely unfair the man who sincere
y believes his state Of mind to be
without leaning toward either side.
Somewhere is found the peg on which
the challenge is always hung.
II was strikingly noticeable yester-
day that in every case except one in
which an opinion was admitted that
opinion was strongly in favor OF the
prosecution and coupled with a belief
IN Calhoun's guilt Six Of the eight
challenges used were submitted by the
defense, and in the case Of the one
other talesman the inquiry pointed to
q leaning slightly in favor Of the prose-
cution, though il was Heney who chal-
lenged the juror Stanley Moore OF
counsel for the defendant did practi-
cally al the work Of examination, for
in only single case was the examina-
tion extended to any length by both
sides, while in the others the prosecu-
tion contented itself with three Of four
questions
Winfred Z. Burnham Of the Burnham
plumbing company was the first tales
man examined. He came to San Fran
cisco about three years ago and was
not familiar with all the details of the
graft cases. At the time Of his re-
moval to this city he brought a letter
Of introduction to Ruef, but despite this
he said he believed that if Ruef and
the supervisors were guilty the other
= men indicted in the graft cases also
were guilty. II was IN the case Of this
Juror that Heney submitted one Of his
challenges, which was not resisted by
the defense.
BELIEVED CALHOUN GUILTY
Robert H. Atkinson Of 1898 Twenty
third street, a salesman, had a decided
opinion and said II he was in the po-
sitfon occupied by Calhoun he would
not want to be tried by II jurors in
his own state OF mind Stanley Moore
interposed the challenge and Heney re-
turned the compliment Of non
resistance. Thomas NJ r. Burke, an
employing plumber Of 1896 Guerrero
street, had an opinion formed from
newspaper reading at the time Calhoun
was indicted. Stanley Moore based a
challenge on the fact that Burke had
ors as given before the grand jury and
published in full IN The Call.
George T. Burlingame a young con-
tractor Of so POrtoIa avenue, threw a
gauntlet into the ranks Of the defense
by appearing in the jury box wearing
lle Dlub ldDtA u lUC league OF
Justice Moore most naturally turned
his examination at once to the subject
Of the jurors membership in this or
ganization and redoubled his fire when
he discovered that BurIingame also
was member Of the good government
league He attempted TO bring Bur-
lingame to the declaration that the
league Of justice stood for the con-
viction Of Calhoun. but the juror in
sisted that his conception of its ac-
fivifies was that they related in gen
eraI TO the prosecution OF all crimes
and the bringing about Of equal JUS
tice. Moore eventually interposed a
challenge. which Heney, after asking
a few questions, did not resist.
JForatfo T. Harper. assistant to the
treasurer of the Standard oil company
Of California. said that he knew very
little about the case and that while
ne had q slight opinion ii would not
be suficient to influence his verdict
~ : Juror. He added that he would
be willing. IL in Calhoun's place TO
be tried by II men Of his own state