The San Francisco call., 1909-01-29
NEW VENIRE IS
SUMMONED FOR
CALHOUN TRIAL
Panel From Which TO Draw
Jurors Ordered Into Court
This Morning
Examination of TaIesmen Is
Marked by Clashes Between
Opposing Counsel
Attorney Stanley Moore Wins a
Sharp Rebuke From Judge
LawIOr
By w. Russell Cole

leSteilag proved anOlneI unpfOnt-
able day in the Calhoun trial 1t might
be termed doubIy Improbable. because
it marked the exhaustion Of the fourth
special jury venire. which was more
barren, on the whole, than any other
venire has been. Out of the 65 tales
men last summoned into court not one
was found to take place with the eight
prospective jurors already in the jury
box. Twenty-Five talesmen were ex-
amined yesterday. and all of them were
challenged and excused for cause.
Despite lack OF progress. however,
the day was not devoid OF interest
Francis J. Heney was in good fighting
trim, and his assertive method of ex-
animation Of taIesmen led to several
sparkling clashes with the attorneys
. representing the defense Stanley
Moore. OF Calhoun's counsel, crossed
swords several times with Heney, and
Moore forgot himself TO the extent of
. offending Judge Lawlor and narrowly
escaped putting himself in contempt of
court. AS it was. he was reminded
that his tactics had more than once
proved Objectionable and was warned
that they must be discontinued.
MOORE - REPRIMANDED
Moore's reprimand from the court
was administered during the examina-
tion Of Howard K Burgess Of 2OI5 Hyde
street secretary for Thomas Day & Co
Moore openly insinuated that Judge
Lawlor had ruled unfairly. declaring
that similar questions were allowed
when asked By the prosecuting attor-
.neys, but were not permitted when put
by the defendants counsel Judge
Lawlor was quick TO resent the i'm
-putation so openly suggested. and gave
Moore so TO understand.
- Mr.. Moore" he said sternIy, I think
ii is a proper time to call your atten-
tion TO the necessity Of ceasing to re-
mark that the court has permitted the
prosecution g latitude in its inquiry
which 1t has denied the defense. I do
not know what your motive may be
but the court now directs you TO de-
sist from such conduct, and, moreover
qenounces the practice as entirely i'm
proper. II you think il proper you may
enter a formal objection to any ques-
ton asked by the prosecuting attorney
and the court viii act thereon. I have
in mind a supreme court decision in
this state which permits the prosecu-
tion 10 pursue this avenue OF inquiry
and I shall rule accordingly"
ATTORNEY AGAIN REBUKED
Moore, who had remained standing
a the rail before Judge Lawlor's desk,
attempted several times to interrupt,
and finally managed TO ask IL the court
intended TO prevent him from answer
ing the prosecuting attorneys.
i am not here TO answer your cues
tions. Mr.. Moore" responded the court
coldJy. Proceed with your examina-
ton"
Moore failed to challenge Burgess.
but when the talesman was turned over
10 the prosecution the challenge was
fnterposed at once by Heney Moore
did not resist, and the juror was ex-
cused.
Henry Liebert of 2s5 Page street. a
wholesale potato dealer, was the first
talesman called for examination yes
terday morning. After answering two
or three questions having little relation
10 his state OF mind he was given an
opportunity TO express himself and de-
clared that he was strongly opposed to
the granting Of immunity TO the super
visOrs and had an opinion which would
prevent HIM from being a fair juror
ATTORNEYS IN CLASH
Yes. sir" acquiesced Stanley Moore
when this answer was given. But IL
IL was your duty to set aside this
opinion and try the case on the evil
dence alone, could you do that?"
oh, YOU don't want him after that
last answer he gave" interrupted
Heney, sarcastically. before the tales
man could answer.
I'm examining this juror. Mr.. Heney.
rnd not you responded Stanley Moore
angrily.
II know st." answered Heney Il
was only trying TO save time"
AZ ell, you seemed TO want a young
man who belonged 10 the League of
Justice" interjected A A. Moore
Why not?" demanded Heney.
There's no reason why every man in
the United States should not belong to
the League OF Justice-an organiza-
tion which stands for the moral uplift
Of cities.
The brewing storm was ouelled bv
Judge Lawlor, who instructed Heney to
take up the examination of the tales
man. Heney challenged at once. with
out putting further questions, and lie
bers was excused.
John J. Avis. secretary of the G. G
Moore machinery company, which. as
Heney brought out, installed the ma
chinery for the North Beach power
house Of the United Railroads, declared
himself opposed 10 immunity and said
that he could not serve as fair and
impartial juror. Herbert B. Warren
Of 1863 Jackson street believed that
bribery had been committed and said
that his opinion went so far thar he
could not be fair. Walter +. Buck of
55S Steiner street believed that too
much immunity had been given AID
after being asked some pertinent ques-
fions by Heney regarding immunity
policy was challenged by Moore and
excused Carl A. Bruins Of 2467 Vallejo
street was excused because Of having
2 decided opinion. and John W Hoyt
a laundryman living at 2626 Steiner
~s,.-~~o - c,sIf-