Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-04-14
TWELFTH JUROR
SWORN TO HEAR
CALHOUN'S CASE
TRIAL OF ALLEGED BRIBER ES-
TABLISHES RECORD
THIRTEENTH CHAIR WILL BE
ADDED TO JURY BOX
After Examination of 1870 TaIesmen,
Taking slxty-two Days, Actual
Trial of Magnate Soon
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viii Begin
CONTINUED from Page Onel
for places In the jury box, but the ex-
pense thereby incurred can only be
conjectured.
Policy of Defense
The determination of the defense to
accept the Jurors selected without ex-
pending its full quota of peremptory
challenges will render 1t impossible
for any of Mr.. Calhouns attorneys to-
appeal the case on any issue decided
by Judge Lawior prior to the taking of
testimony.
Prosecution and defense agreed to-
day that the taking of testimony would
not require more than three weeks. If
this prediction Is accurate the case
might be submitted to the jury within
q month.
Otto H. Mackroth, retired grocer,
was sworn as the twelfth juror in the
case of Patrick Calhoun today and
the jury after proceedings extending
over a period of ninety-one days was
declared completed.
Assistant District Attorney Francis
j. Heney Immediately made application
to the court for the selection of a
thirteenth juror, who shall be in readi-
ness to take the place of any of the
twelve men who may be disqualified
by illness or some other reason.
The request was earnestly opposed
by counsel for the defendant, who de-
ciared it might consume another week
to secure the additional juror.
1t was agreed by the opposing at
torneys that the actual taking of tes-
timony would probably be completed
within three weeks, and the prediction,
which was not altogether expected.
was received with qualification by all
the principals in the case.
Completed Jury
The completed jury consists of the
following men:
Joseph Dixon, clerk.
Peter Antilles, retired mining man.
Michael Mcclure, retired grain
dealer.
James r. Eastman, clerk
Charles H. Suydam, wholesale grocer.
James Granville, retired mach1nist.
a Robert B. Symington, civil engineer |
Charles X. Blender. real estate
dealer.
Theodore Minner, decorator.
George G. Gillespie, builder.
OttofT. Hildebrecht, retired designer |
Otto H. Mackroth. retired grocer
Juror Mackroth was accepted when
To-Day 5 S6SSlOH WdS U0I OH AOoA W.. |
Richard Lutge, who was tentatively |
passed last week, was subjected to
further interrogation in connection
with damage claims against the United
Railroads and Stanley Moore'S chal-
lenge, based upon this subject, was al
lowed by the court.
When Lutge had left the box the |
vacant seat was taken by Mackroth.
Assistant District Attorney john
O'Gara, referring to points developed
during yesterdays examination, called |
the Jurors attention to the circum-
stances attending conversation ne
had some weeks ago with a man VINO
pretended to represent a magazine, but |
who was evidently an agent of either
prosecution or defense.
Mackroth stoutly denied that he had |
given utterance to views hostile to the |
prosecution, or that he had expressed |
a belief that Calhoun could not be con-
victed Mr.. O'Gara, whose interroga-
lions indicated that the prosecution did |
not want the juror, upset all calcula- |
lions by finally passing him, and the
defense followed suit.
Both Sides Satisfied
"The people will challenge" said
Lawlor.
1--WE are satisfied with the juror"
said Mr.. Heney.
"The defense is satisfied Also de- |
clared Stanley Moore, and the bailiff |
raped for order, as buzz of excite
ment arose in the body of the court |
room.
IN view of the extended period con-
sumed in completion of the jury" said |
Mr. Heney, in making application for |
a thirteenth Juror land because of the |
uncertainty as to the length of time |
necessary to submit the evidence, we |
feel that the interests of all concerned |
y. 1.1< fbA Isf will
permit us to qualify one or more addi- |
tional Jurors, who shall hear the evil
dence and who may fill any vacancy in |
the panel created by the illness or |
death of a juror after the taking of
testimony is commenced.
las some of these jurors are elderly
men and they are subject at any time |
to be disabled and prevented from at
tending
Stanley Moore argued against the
qualification of an alternate juror, de-
claring that the taking of testimony.
might not require as much time as was
supposed.
1T might occur" he said, "that the
taking of testimony might be half COM
pfeted by the time the alternate juror
is selected. We make further objec-
ton on the ground that such an order
would be unconstitutional, inasmucn
as no showing sufficient to justify such
action had been made by the prosecu-
tion."
Mr.. Heney asserted that the constitu-
tionality of the matter did not figure
at this stage of the trial, but he called
attention to the fact that a thirteenth
Juror had been provided in the trial
of Harry Thaw with the approval of
the presiding judge and District Attor-
ney Jerome.
Stanley Moore started to support his
contention by declaring that all jurors
kept in confinement have been in ex-
cellent health. but Judge Lawlor in
terrupted him to announce that one
member of the panel was obliged to
consult physician last night.
Before the matter was submitted for
the courts decision Mr.. Heney declared
situation might arise where the de-
Tense would be glad to stipulate for the
services of the alternative and thereby
avoid multiplying thirteen weeks of |
preparation for the trial.
Mr. Heney followed this by declaring
that the taking of testimony might
be completed in three weeks or posi-
bly, in a fortnight.
Trial of NeWburgh
Attorney A. S. Newburgh, accused of
Offering a bride to j. M. Kelly, Ruef |
venireman, through the agency of e.
A. S, Blake, resumed the stand in his
own behalf today before Judge Conley.
He was cross-examined by District At
torney Langdon after several witnesses
had testified to his good character