The San Francisco call., 1909-03-20
ONE MORE Man
IS CHOSEN FOR
CALHOUN JURY
Theodore Binner, Decorator,
Accepted Subject to Per-
emptory Challenge
Sole Result of Day Comes at
Close OF a Dull Court
Session
BY w. Russell Cole


terer and decorator, was chosen yes
terday to fill the ninth place in the
Calhoun jury box. This was the sole
accomplishment of the day, and it
came late in the afternoon, almost at
the end of long, dull session of court
The examination of the juror began
shortly before the noon hour and was
continued until within half an hour
of the time for the afternoon ad-
journment.
Binner now occupies the position of
having been accepted subject to per-
emptory challenge. as have been Jo-
seph E. Clark, a carpenter of 1859
Eleventh avenue, and James R. Cash
man, private secretary. residing at
1910 Waller street. The six remaining
jurors in the box have been finally
passed and sworn to try the case and
are being kept together at the st.
Francis hotel under the custody of
deputy sheriffs.
Binner, who lives at GAS Ashbury
street, was passed by the defense after
comparatively short examination, and
sistant District Attorney O'Gara occu-
pied most of the afternoon. AS is the
custom in almost every examination,
the questioning of the juror brought
about several clashes between the
members of counsel, but all of these
died down without any particular dis
play of heat.
INQUIRY Is PROLONGED
At the outset of the examination
| O'Gara held closely to the question of
| the taleSman'S state of mind and his
manner of handling the subject evil
! IDENTIFY caused Calhoun's attorneys to
believe that he was opposed to the
acceptance of the juror and planned
a challenge At any rate, objections
were interposed time and again to the
/ questions he asked, and the inquiry
was consequently prolonged to an un
usual extent. Heney< interrupted the
| proceedings at one time TO reply to
an objection by asserting very de-
cidedly that the prosecution was
/ neither trying to retain the juror nor
! to disqualify him, but was simply using
every effort to reach his true state of
mind.
Binner said that he read but little
! in newspapers and was almost entirely
! ignorant of any of the ms or outs of
the graft cases. The meaning of the
WOrQ immunity ndQ 10 De explained
! to him, and he testified that he had
never before been told that the bood-
ling supervisors had received immunity
and were not to be prosecuted. To
him the whole question was matter
of conscience, and he seemed inclined
to place his own conscience above the
law and hesitated when asked If he
would accept certain instructions from
the court and act upon them. Judge
| T.ay a nf
the examination and recited to the
juror some of the principles of law
| bearing upon the case, to all of which
the defense entered an exception.
SERVED ON FEDERAL JURY
Despite his lack Of precise knowl-
| edge concerning the graft situation
| Binner said that he had served two
| terms as federal grand juror and
was familiar with the law according
| the defendant a presumption of inno-
cence. He hesitated about admitting
| that he would accept circumstantial
evidence as proof of any mans guilt,
! but finally said that if such evidence
was strong enough he would be will
/ ing to act upon it. This settled the
element of doubt that had caused most
/ of the long delay in the examination
and O'Gara announced that the juror
was satisfactory to the prosecution.
Alexander Bradley, the first juror
examined during the morning session
of court. and Willard III. Bowen, the
| last one to be examined in the after
noon, also had ideas regarding circum-
stantia1 evidence. Each of them de-
clared that he would not accept such
evidence, even should the court so in
struct, and both were challenged and
] excused. The other taleSmen who were
examined and dismissed were John A
Donnelly, Alfred w. Bradbury, Allan
| st. James Beanie, Patrick F. Bird
Lewis Blumeneau, Harry r. Bostwfck
and Ralph w. Bias.
The twenty-fourth special jury We
nire examined yesterday morning by
the court was particularly unpro-
ductive Of possible jury material. 40
veniremen being excused out OF the
| 60 summoned. Another venire of 60
has been ordered for Monday, and there
will be no session of the trial today.
Cook Files Exception
Assistant District ATTORNEY William
Hoff Cook yesterday filed his amend
ments, 169 in number, to the bill of
exceptions submitted by Michael viii
liam Coffey, the boodIing supervisor
who was convicted of accepting a.
briDe from the United Railroads. Most
of the amendments are relative to nor
tions of the testimony omitted by Cof
fey's attorneys, but which Cook re-
CARDS as material in bill Of excep-
tions.
Report on Pittsburg Graft
PITTSBURG,3 Pa, March 19.-Tbe
grand jury Investigating the charges
Of corruption in the municipal affairs
of this city presented it's findings to
Judge Davis late today. The court
said that on account of the EXTRA
seriousness of the matter he would
take the report under advisement and
order the jury to report in court on