Los Angeles herald., 1907-12-03
DEFENSE INTRODUCES NO
TESTIMONY
:. ]. HENEY ACCUSES MOORE OF
RLuFFINe
syineton Begins Argument for De-
fendant-EarI Rogers Of Lee
Angeles viii Speak
Today

extra session of the legislature TWO
vvaelxs ago. the trial of Tirey L. Ford
general counsel for the United Railroaos'
charged with bribing supervisors with
the grant of an overhead trolley iran
chise soon after the fire of April 10 last
wear. was resumed this morning petore
Superior Judge La1lor
The trial, with most Of the testimony
in for the prosecution, was interrupteu
BY the holidays proclaimed by Governor
Gillett. and the jury since that 'ime mas
been kept at the Fairmont notei N sso
custody Of deputies Of the sherin
office.
Tne prosecution today recalled to the
stand William NJ Abbott, assistant gen
eraI counsel for tine United Railroads
who had refused to testify when the
case was interrupted, and put only one
more witness on the stand, j. 5. Iooin
OF the Hibernia Savings bank, g FORMER
director in the street railway corpora
tion.
Abbott. who was indicted jointly with
Ford and others on the charge OF prl-
berry as a codefenoant, refused to answer
questions put to him by Assistant Dls-
trfct Attorney Francis J. Heney, upon
advice of counsel
Prosecution Wins Point
The prosecution won its point that An-
INIT must either testify or else avail
himself of his constitutional right to re-
fuse on the ground that his testimony
would iucriminate himself when the
court this morning swept aside the OBJ
tections raised and ruled that Aopott
was a competent witness unless by MS
own declaration he brought himselr
within the provisions of the law exempt
ing him from testifying.
1t was a point in the trial in which
both sides fenced for positions. as 1t
might have bearing upon the future
trial of Abbott on the same charge as
Ford. as wcll as it's possible effect upon
the Ford jury if Abbott declared that to
testify would tend to convict himself of
a felony.
when the question, "Did you accom-
pany TREY L. Ford to the United States
INIT on May %, 1906, and there receive
some money?' was repeated. Abbott
answered. Yes"
Beyond an intimation that Abraham
Ruef had been employed by the United
Railroads to avert labor troubles for that
company, and the corroborative evidence
that. Ford obtained a sum of money at
the mint supp posed to have been paid
to Ruef and by him given to the super
visors, which the witness last saw on
the desk of the general counsel for the
United Railroads, and for what pur-
pose intended he did not know, nothing
of Importance was ELECTED from the wit
ness.
Assistant District Attorney Heney then
announced that the prosecution rested its
case.
A. A. Moore of counsel for Ford sought
to have the case go to the jury without
argument This was opposed by Mr.
Heney. Who termed it bluff"
Arguments Begun
Assistant District Attorney John O'Gara
then opened the argument for the prose-
cution and was fol owed at a night ses-
sion of the court by Lewis F. Byington,
former district attorney, for the de-
Tense.
A A. Moore and Earl Rogers will close
for the defense tomorrow morning and
they will be followed by Francis J. He
ney for the prosecution. The case is ex-
pected to go to the jury late tomorrow
afternoon.
There was but a very small attendance
at the court today Among those pres
ent were Rudolph Spreckels. who financed
the prosecution, and Patrick Calhoun,
president of the United Railroads.
Eugene z. Schmitz was present when
the court took up the calendar this morn
ing and continued his case and that OF
Ruef on the charges in other indict-
ments, for one week. The former mayor
has greatly aged since his incarceration
and his face was furrowed with deer
lines of care.
The trial of Patrick Calhoun. his assIs.
tant Thornwall Mullaliy and William
NJ. Abbott was set for next Thursday
morning. The clerk was ordered to sum-
mon jury panel. In answer to a ques-
ton of he court. Assistant District At
torney O'Gara said it had not yet been
determined who will be placed on trial
next. 1t is said, however. that it will
depend largely upon the outcome of tie
Ford trial.
O'GS-a Reviews Evidence
In his argument Mr.. O'Gara reviewed
the evidence presented by the prosecu.
tion at great length and defended the
granting of immunity to the supervisors
on the ground of the necessity in order tc
convict those whom ne declared were
guilty of corrupting the municipal gov.
ernment of San Francisco.
What was seized upon later by counsel
for the defense and made the subject OF
a severe attack and arraignment of the
prosecution and its methods was a state
ment made by O'Gara when. in the pro.
cess Of elimination, he was endeavorins
to chow that Ford alone was the only
logical person to be employed by the
United Railroads for the purpose Of pay
ing to Ruef the money that It Is alleged
was subsequently given by the latter to
the supervisors.
''Thornwell Mutually is mentioned here"
said Mr.. O'Gara- He ie jointly indicted
indeed, but there is absolutely no evi.
dence OF his taking part in any of these
TRANSACTIONS here more than that he went
with Ford to Ruefs office about the Isl
OF May two weeks before the ordinance
came up before the supervisors: there
is absolutely ro evidence tending to point
to him at ALL If the case was SUBMIT ed
to you here as against Thornwell Mul.
tally you would say. and the prosecuting
attorney would be obliged to say. there
IS no evidence against this man. There
Is no evidence to show that Thornwel
Mutually had any real part in this bti-
berry"
In eject the assistant district attorney
also declared that William NJ. Abbott
was gultless.
Judge LawIor Interrupts
At this point Judge Lawlor interrupted
and asked O'Gara II certain cases wert