Los Angeles herald., 1907-12-06
GALLAGHER
MISSING; CASE
GOES OVER
CALHOUN MAY NOT BE TRIED
IN 1907
"RlG JIM" IN EAST BY LEAVE OF
PROSECUTION
Director of Mint Leach, Important
Witness, Also Absent from San
Francsco-None Eager
for Jury Service

by ABsoclated FresS.
SAN Dec. 5.-The failure
of the prosecution to locate James L.
Gallagher, chairman of the finance COM
mittee of the boodling board of super
visors, one of the most important wit
nesses In the bribery graft cases, and the
absence of Frank A. Leach, director OF
the United States mint In this city, an
other witness, today caused the post
poning OF the trial of Patrick Calhoun OF
the United Railroads until next Monday
morning.
Leach is in Washington and Gallagher
is somewhere in the east, either in
Washington or New ork. The latter was
the leader of the boodling supervisors
and the self confessed "go-between" be-
tween the board and Abraham Ruef.
Gallagher, by permission of the prosecu-
tion, went nast on trip two weeks ago
when the courts were closed, promising
to return when wanted. When the trial
of the millionaire street railway pres
ident was called in Judge Lawlor's de-
partment of the superior court this
morning and special venire of ITO tales
men was in attendance for the empanel-
ment Of jury, Assistant District At
torney Francis j. Heney stated to the
court that he had not yet been able to
communicate with Gallagher and had not
been advised when Mr. Leach would re-
turn.
Trial May Go Over
The absence of these two witnesses and
the difficulty of getting a jury just be-
fore the holidays, became apparent to
both sides today, and there is a proba-
bility that tne trial of Calhoun may be
postponed until after the first of the
year.
Calhoun is anxious to go to trial, burt
To-, "a ~ L.
to get a jury or that the prosecution
cannot nave its witnesses on hand, 1t is
stated that he desires to go east until
after Christmas. Heney stated tonight
that he had not yet had any replies to
his kilograms to Leach and Gallagher.
Both Pene and Detective Burns deride
the idea that Gallagher may have gone
to Europe to avoid testifying further.
Earl Rogers desired the record to
show that the defense did not consent
to the postponement.
1t became very apparent this morning
that much difficulty will be encountered
in getting a jury at the present time
Many of the talesmen declare that they
could not leave their business, and the
fear that they could not spend Christ
mas with their families was also a
strong factor.
W FiOoCSdhiOU
Calhoun is the highest of the higher
ups, and his trial promises to be the
hardest fought of any of the trials
placed on trial in the bribery graft cases.
The prosecution found it impossible in
the Ford trial to bridge to the satisfac-
ton of the jury the chasm between the
United Railroads Officials and the super
'-isors in the matter of the passing of
bribe money AS Ruef is alleged by the
prosecution to form this connecting link,
the all-important question in this trial,
which will be the supreme effort of
Heney, is: Will Ruef be placed on the
stand to furnish the necessary connec-
tion?
Heney assignee two reasons for not
calling Ruef in previous trials-that he
could not be trusted and that he was
holding out for full immunity. 1--WE will
see him in perdition first" said Heney.
The defense has a formidable array of
legal talent. 1t includes Earl Rogers,
the criminal lawyer of Los Angeles, as
chief counsel; Garrett W. McEnery, one
of the most prominent attorneys of San
Francisco; A A Moore and his son,
Stanley, who aided in the defense of
TREY L. Ford; L. f. Byington, for six
years district attorney in this city; Alex
ander G. King, a prominent attorney of
Atlanta, Ca, Calhoun's former home,
and several others. President Calhoun
declined to state whether or not testi-
mony for tie defense will be introduced.
I'VE want to see the other fellows
hand first" said Earl Rogers, his
chief counsel.
Heney expressed himself as confident
CT Calhoun; conviction. He intimated
that the case against him is much
stronger than the one against Gem
eral Counsel Ford for the corporation
of which Calhoun is president. Calhoun.
on the other hand, is equally as confident
of acquittal.