The San Francisco call., 1909-03-16
CALHOUN JURY
IMP PANELMENT IS
SLOW, But SURE
Drawing Panel Is Like Putting
Up MOIds for Concrete
Building
Three More Veniremen Passed,
but Probably Only to Be
Excused
By w. Russell Cole

Jurors We're sworn for the Calhoun trial
the impeachment Of the jury has gone
forward much as does the preliminary
work on a concrete building. The
structure is gradually rising. but it is
only a temporary affair that prob
ably viii be demolished later like the
wooden shell that molds the concrete
into place.
Three talesmen have been allowed to
retain places in the jury box. but none
OF the three have been passed subject
10 peremptory challenge and the ex-
aminations of all Of them are subject to
reopening The last one Of this trio
was Walter Towers. a dry goods mer-
chant Of 6Ss Chenery street. whose ex-
animation was suspended-not closed
yesterday. after the defense had la
bored valiantly but unsuccessfully for
a couple Of hours to find some basis
for challenge
WAS UNION MAN
Towers is young man of prepos-
sessing appearance and was born in
Scotland. This might have been over
looked had he not admitted that he
was a former member Of the iron
molders' Vnion and had not ridden on
the streetcars while the carmen's
strike was in progress He said that
his sympathies had been with the car
men ia their fight and that he had dis
approved of the importation Of strike
breakers; all Of which made him un-
popular with the defense
The direct examination by the de
fense. which was continued over from
last week. occupied all the morning
session and progressed into the after
noon session Of the court. Judge Law
Tor finally took a hand and instructed
the prosecution to take up the inquiry,
WITHOUT prejudice to a subsequent re-
examination by the defense.
Assistant District Attorney O'Gara
satisfied himself with a few questions
OF the talesmans ability TO serve and
passed him. Stanley Moore reopened
the examination and went at length
into Towers state of mind without
finding any tangible excuse for inter
posing a challenge.
This merry go round style of inquiry
"a used Judge LawlOr TO order the eX-
animation suspended for the time being.
Towers stands in practically the same
position as Joseph Clark and James
r. eastman. who were left in the box
last week. Clark's examination is sub
ject to additions and eastman is being
held until the prosecution can inquire
at length into the extent Of his news
paper reading during the time Of the
progress Of the graft prosecution.
Henry p. NOllmer, an interior deco
rator, proved to be just the kind Of a
juror that Calhoun's attorneys do not
seem 10 want under any circumstances.
Nollmer came TO San Francisco in No
Vember 1906. and never formed final
opinions on the subject Of graft He
did. however, have the idea that any
prosecution directed to the wiping out
Of graft was worthy Of the support Of
any good citizen. and this view of the
matter was the thing that disqualified
him from the standpoint Of the defense.
The prosecution passed him after .
brief examination.
SLURs PROSECUTION
what do you understand the course
Of this prosecution has been2' asked
Attorney Earl Rogers Of the defense.
Il understand the course to be what
any prosecution should be-tO find out
II there has been any wrong doing and
10 prosecute the responsible persons in
case there has" was the answer.
And YOU have never heard this
prosecution characterized as different
from other prosecutions"
~Oh. yes I've seen it called perse-
cutiOn in some newspapers.
And you believe it was carried on
as other prosecutions have been2"
persisted Rogers.
Il believe 1t was a prosecution car
ried on for the purpose of obtaining
justice"
FRANKLY VOllmer answered, a. min
ute later, Il have believed the course Of
the prosecution TO be right and have
sympathized with the object in view.
Yet I believe that justice demands fair
trials in every case. and I feel that
j could give both sides fair trial I
do think that Rudolph Spreckels is to
be commended for taking the step he
did, and it is shame that the citi-
zens Of san Francisco did not get to-
gether at the start and support the
efforts TO uncover corruption"
DISMISSED ON PLEA
Yollmer was dismissed on the chal-
lenge of the defense, but IT was not
until he had made a long statement to
Judge LawlOr, in which he said he
would prefer not TO be forced to sit
in judgment over any man. He ex-
plaiRed that his present opinion was
that Calhoun was guilty, and that
while he felt sure he could lay this
aside in giving a decision he believed
the defense should be entitled to
juror who had no precOnceived ideas.
During clash in the course Of Voll-
mer's examination Heney charged that
questions being put by the opposing at
torneys concerning the motives and
objects Of the prosecution were asked
in bad faith He declared that the
defense would never attempt to prove
a number OF things which the attor-
neys declared It would, and said the
prosecution would be perfectly willing
during the course of the trial to throw
down the bars for an inquiry into any
bits OF graft history the defense might
wish TO bring before the jury.
Oscar Nogel. ladies' tailor. believed
Calhoun guilty and was excused. Os-
car Dammer. a brewer, said he was
ready to vote without hearing any
evidence, believing that if the defend
ant was crooked in his direction of
the car strike fight he was also crooked
in his relations with the supervisors.
Charles c Barron, proprietor OF a
transfer company, was prejudiced
against Calhoun because OF trouble
with the United Railroads resulting
from four or FIVE collisions between
his wagons and streetcars. other tales
men who were examined and excused
were Henry L. Detjen, John r. Howell.
John c. Carroll and George f. Bernard.
COnIey to Try Newburgh
Judge Conley OF MADEIRA was named
by Presiding Judge Cabaniss yesterday
Ia oorna Ia Cns, IRA v,ofcoo 80 = ~ 49,