Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-09-13
FORMER ATTORNEY GENERAL ON
TRIAL
FIRST OF UNITED RAILROADS
CASES
Defense Strives to Secure Hearing Of
Charges Against Calhoun, but
Chief Counsel Is
First Up

| OIL IHe DrlDeryt cases dGdilSt Ollicitia VI
the United Railroads was brought to
trial this morning before Superior
Judge Lawlor when Tirey L. Ford. the
corporations chief counsel and for
merly California's attorney general,
faced the indictment which charges
| him with bribing Supervisor Thomas
Lonergan with $4,000 to vote for the
franchise under which the United Rail-
| roads street car system in San Fran
cisco was changed from cable to trolley
! in the period Immediately following
the fire.
Twelve probationary Jurors, subject to
peremptory challenge, were selected to-
| day and tonight.
The jurors tentatively chosen are: Rich
ard Herring mill owner; Edward W.
| Bender, publisher of law boks; Edward
Mcbride, real estate dealer; Neils c.
Mortensen, who was a member of the
jury which convicted Louis Glass of brib-
| cry: Oscar Ferguson, fire insurance
agent; Driscol plumber; George w.
Patton, machinist; Gustav Woerner.
Icooperage manufacturer; Harold Daven-
port, retired grocer; Henry Diedrich, re-
tired merchant; Fred w. Delventhal,
plumber; John Olson, shipping man.
District Attorney Langdon and AS
sistant District Attorney O'Gara ap-
I. peared for the people The defense
was repres ented by Attorneys A. A.
| Moore, Stanley Moore and Earl Rog-
| ers. All of the United Railroads. Of
| ficials were very anxious, for tactical
reasons, that the first trial be that of
President Patrick Calhoun, and to the
last moment their counsel endeavored
to bring this about. The district attor-
ney however, was as determined. for
tactical reasons, that General Ford
| should be first tried and he was sup
| ported by the courts ruling that the
right of selection lay with him.
The Ford trial opened at 1890 o'clock
with the examination of talesmen. un-
dertaken after brief statement of the
case by Mr.. Langdon.
The first talesman examined was Dr.
Phillip H. Flood, a retired physician
He confessed bias and was excused
under challenge by the district at
/ torney
Fears Somnolence
Samuel Axelrod a retired merchant,
objected to sitting on the jury because
he felt sure he would fall asleep. He
, was accepted by Mr.. Langdon, but
cross-examination by Mr. Rogers
showed that he was suing the United
Railroads on account of an accident
sustained by his wife and he finally adj
mitted that his fairness for the defend
ant was doubtful. He was challenged
by the defense and excused.
|
manager of the North Alaska Salmon
company, was quickly ended by his dis
missal. Referring to the four United
Railroads defendants he said: Il think
the whole bunch of them are guilty and
don't think I would want to be tried
by Juror feeling toward me as do
| toward them"
The fourth talesman, Richard Her
ring. a planning mill owner. was ac-
cepted subject to peremptory challenge
as the first of the trial twelve, nor
withstanding his testimony that he had
In the past been intimately associated
with labor leaders on strike COM
| mittees.
Roland F. Allen, a manufacturers
representative, was excused for bias.
Edward w. Bender, publisher of law
books, had had ordinary business deal
| ings with all of the counsel on both
sides of the case and his relations with
them had been pleasant. He looked
upon street car corporations as "neces-
sary evils today, under present condi-
| tions," and he ventured the positive as
| sertion that eventually they will be
taken over by the federal government"
| Mr.. Bender was accepted as probation
ary juror number 2.
Puts OFF Other Cases
| At this point of the proceedings Judge
] Lawlor called to the bar a score of wit
| nesses for the prosecution in the present
| trial. among them eleven of the boodling
| supervisors, and after admonishing them
| that they were under the order OF the
| court alone excused them until Monday
/ morning.
The cases against Calhoun, Mutually.
Abbott, Schmitz and Ruef were continued
| until September 23.
Dixwell Hewitt. who said he was inti-
mately associated with Gen. Ford in the
affairs of the San Francisco Golf club and
entertained favorable opinion of him,
expressed the hope that the defendant is
not guilty" He was challenged by the
people. The defense resisted. but the
! challenge was allowed and the Juror stood
aside.
Throughout the morning session large
crowd attended the trial in the auditorium
| of Temple Sheriff Israel. At 1880 o'clock
adjournment was taken until p. m.
/ The third tentative juror was secured
| shortly after the commencement of the
afternoon session in the person of Edward
| Mcbride real estate dealer. Though he
was very unsatisfactory to the defense
counsel was unable to disqualify him Dy
| his answers.
Aids Boycott
The examination of James Clark.
union carpenter, brought the present
street car strike into intimate discussion
District Attorney Langdon accepted Clark
as entirely satisfactory to the prosecution
Mr. Rogers brought out the facts that
Clark. as member of the Carpenters
union, has Joined actively in the boycott
| of the United Railroads. has contributed,
is contributing and expects to continue to
contribute to the strike fund; would stop
every car of the United Railroads If he
could, would take away their corporation
franchise II he were able and would de-
prive the company of it's property II he
| had the power.
Mr. Clark" asked Mr.. Rogers, III you
were a striker and on trial would you be
willing to be tried by jury Of officials Of
the United Railroads?" Clark shook his
head emphatically. "And yet" persisted
Rogers, ''you believe you can give an
official of the United Railroads an abso-
lutely fair and impartial trial7" Yes"
/ said Clark, II do"
The defense renewed its challenge OF
Clark. and the district attorney rede
Tended him. Judge Lawlor took hand