The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-02-02
JUDGE REBUKES
ATTORNEYS FOR
WASTE OF TIME
Calhoun Lawyers Are Scored
for Methods of Examining
TaIesmen
Nenire Exhausted Without Se=
curing Additional Member
TO the Jury
New Panel of Sixty Names Or
dered Brought TO Court
This Morning
By W. Russell Cole


the beginning of the Calhoun trial.
Judge Lawlor yesterday afternoon de-
clared himself on the general subject
OF deviations from the path of recti-
tude IN the examination of talesmen.
His remarks were directed primarily to
Attorney Lewis F. Byington of the de-
Tense. but by implication they were
made to apply TO other members of
counsel as well
The courts rebuke was the closing
incident Of a colorless day that was
attended with the usual lack of any
definite progress. Twenty-three tales
men were examined, and the number
was symbolic Of the manner Of their
dismissal There was no talesman that
approached even the almost" stage
toward becoming a juror. Decided
opinions We're expressed as fast as the
opportunity for such expression was
given in each case. and one after an
other the % We're challenged and ex-
cused.
PROCEEDINGS sFoNOToNOUs
The monotony Of proceedings reached
its elimination in the examination by
q Byington Of Richard Fahy a general
contractor Of SIS Noe street, the last
talesman examined Fahy said that he
had a qualified opinion concerning the
question of the defendants guilt or
innocence, but while this would not
prevent him from being a fair juror
he had another and very decided opin-
ION regarding a particular phase of the
graft cases. ByingtOn seemed in no
hurry TO find out what this opinion
WAS. but turned deliberately to other
Zines Of questioning which he pursued
without interruption for some time
Assistant District Attorney OGara
finally objected and asked if the in
Quiry could not be directed at once to
the talesman's state of mind. Judge
I.aWlor instructed Byington to go into
the matter without delay and the ques-
tion regarding the mysterious opinion
was put
I believe that bribery was commit
ted Fahy said, but wouldn't be-
lieve the supervisors under oath. When
public official. raised to a position of
trust, disregards his sworn oath and
duty ] wouldn't believe anything he
said under oath.
COURTS IRE AROUSED
This answer. disqualifying the tales
man with a single question, was the
thing that aroused the courts ire.
Now. We've been at least 20 minutes
in examining this juror and this ought
10 be an object lesson" he asserted
angrily addressing himself directly to
Byington, and giving his desk re-
sounding thwack with book. This
answer ought to have been brought out
minutes ago What we want is
facts. and they are not TO be got at by
methods of circumlOcution such as
have been employed here. I want the
time of this court expended wisely and
VIII not permit any more of this diff
denee in examination"
Judge Lawlor slapped the desk again
as he concluded, and then briefly in
structed the prosecution to proceed
with the examination. Heney COM
pleted the disqualification with two or
three questions and interposed a chal-
lenge which Byington did not deny.
Stanley Moore interrupted just before
the finish to suggest an adjournment,
but the court ordered that the exam
ination must be concluded before an
adjournment would be allowed.
There was an echo at the beginning
OF the afternoon session from one of
the squabbles Of last week. when
Heney addressed the court and asked
10 have an investigation of the charge
made by Stanley Moore Friday that
Special Agent William J. Burns was
receiving reports from men represent
ing themselves TO be solicitors Of The
Call
ASKS FOR EXAMINATION
IF your honor please" he said, Mr.
Stanley Moore made the statement here
the other day that alleged solicitors of
The Can We're interviewing people and
that Mr.. Burns probably knew some
thing about the reports they were max
ing He said he would like TO question
Mr.. Burns. who was not here at the
time. Mr.. Burns is here now, however,
and we are not only willing to have
such an examina ton, but We court it,
Moore, though evidently somewhat
taken back at the unexpected turn,
said he wished to ask Burns few
questions. The latter was sworn and
took the witness stand. The inquiry
was brief and to the point for Burns
answered the questions put 10 him in
monosyllables his part of the proceed
ing consisting principally in a volley
of Noes" He said he had not heard
Of any men representing themselves as
Call solicitors questioning people about
their views until Moore had suggested
il and that he had made no investiga-
tion of the charge because he knew
that no one connected with the district
attorneys Office had done such a thing.
lie denied absolutely that he had re-
ceived reports Of any kind from such a
source Moore retired from the field
his boast of last week unfulhlled and
Heney dismissed Burns without a
question.
The talesmen examined and excused
FOR cause yesterday We're Walter F.
avery, Hugh Donegan, George f.
Dodge, Noble H. Eaton, Charles ]. l.
DevIin Alfred E. Drendell. Stanley
DunckeI, Clarence F. Dohrmann, Will
liam C. Farrenkopf. Henry A. Goodall,
Julius Gabriel. James Geddes, Arthur
ID Disston, Arthur Y. Conlin, John Gin
~ Alfred A Gardiner, William Fest,
William L. Gerstle, Alfred B. Elford.
Milton Ellis, Julian Eisenbach. William
u Elliott and Richard Fahy.
out Of the venire Of rs brought into
court yesterday morning 81 tatesmen
were held for examination as to their
Qualifications to serve, the remainder
being excused. Another panel of so,
making sS5 called altogether since the
beginning OF the trial. has been ordered
for tomorrow morning at O'Clock.
Try Murine Eye Remedy
For Red. Weak. Weary, Watery Eyes