The San Francisco call., 1909-04-14


Twelve men have at last been found
possessed Of those peculiar qualifca-
tions of mind TO fit them for service as
jurors in d criminal case where much
more than the mere liberty OF an indi-
aidual is at stake, and the jury that is
10 Try Patrick Calhoun on charge of
Offering a bribe is complete.
All is in readiness for the actual be-
ginning of the trial. except that a thir-
teenth juror. TO act as an alternate, is
10 be selected and sworn before the
taking Of testimony is begun. The men
who are charged with the duty of
weighing the evidence and deciding the
fate of the president of the United
Railroads are in the box and the selec-
ton of a thirteenth juror viii in no
wise alter the personnel Of this trial
jury. The impanelment OF the extra
man is simply a precaution, undertaken
with a view Of forestalling any possible
interruption Of proceedings after the
trial is once under way, and unless one
of the jurors now in the box should be
disqualified from service by illness or
death this alternate Will have nothing
10 do with the verdict
BOTH SIDES SATISFIED
The long weeks of jury hunting were
brought to an end within an hour of
the opening of the court session yes
terday morning. Otto H Mackrot4,
who was Temporarily accepted Monday,
proved acceptable to both prosecution
and defense and was passed TO the box
without challenge. Peremptory chal-
longes were called for and both sides
promptly declared themselves satisfied
with the jury as ii stood. This was the
FIRST surprise Of the day. for it has been
an open question whether the defense
would not deliberately exhaust all its
pcremptory challenges with view to
saving the many exceptions taken to
rulings Of, the court during the forma-
tion Of the jury as grounds of appeal.
In the Ruef case all 10 peremptory
challenges were exercised by the de-
fense. while the prosecution contented
itself with four out Of its allotment of
Eve. IN the Calhoun trial the prosecu-
ton has again used four and the de-
fense has stopped with i've, thus shut
ting the door IN its own face against
the possibility Of appealing on grounds
connected with jury getting.
Prior to the completion Of the jury
three talesmen were examined yester-
Gay morning and excused.
MACKROTH Is RECALLED Z
When Meckroth was recalled TO the
jury box Assistant District Attorney
OGara reverted to the jurors prior
statement that he had been questioned
concerning the case on trial some time
ago 10y man representing himself as
magazine writer. OGara sought oiIt
as many details Of this conversation as
IL was possible for the juror to re-
1--r-
lively that ho had made no statements
prejudicial TO the interests of either
side OGara At first seemed anxious
80 disouaiify him. but evidently was
satisfied with the answers given to his
inquiry FOR he broke IT off short and
passed the talesman.
As soon as both sides had announced
themselves satisfied without resort to
more perempteries Mackroth was
sworn and Assistant District Attorney
Iieney Al once made formal application
Tor the impeachment of a thirteenth
juror TO serve as alternate. He re-
ierrco 70 the time consumed in the Sc
lection OF u men and TO the uncer-
tainty as to the length Of time the trial
might take, declaring that the inter-
ests of all concerned might best be
served bX avoiding the possibility Of
an interruption which would set the
trial back to its initial point from
gress 10 the present stage
without making plain the merit Of
his objection. Stanley Moore of the de-
Tense argued at length against the
granting Of Heney's request He sim
ply asserted that he could see no pur-
pose in taking the step and limited that
the taking Of testimony might require
much less time than anybody expected
MOORE OPPOSES SCHEME
1t is more than possible" he said.
that IL might take us a week or
longer TO secure another juror, and
that the taking Of testimony If begun
At once, might be half finished by the
time we could have this alternate
chosen and sworn"
Moore also objected on grounds of
'unconstitutionality." which he did not
develop in detail, but was answered
by Heney, who argued that the right
lay strictly within the power of the
co-~- zuo was one to be used at the
courts discretion. He pointed out that
the same extraordinary precaution had
been taken in the Harry Thaw trial in
Ncw York, and Judge Lawlor added
later that the same measure had been
adopted on one occasion in a depart
ment of the local superior court.
When Moore raised the objection that
All the jurors in the box seemed to be
IN the best Of health. Judge IawIor
answered that one Of them had already
been forced to see a doctor with. re-
gard TO bis physical condition.
Judge Lawlor took the question at