The San Francisco call., 1908-04-07
LAWLOR REFUSES
FORD A TRANSFER
Defendant Adds to Plea by Rails
ing the Point of Once
in Jeopardy
Calhoun Insists on Trial Within
90 Days From Filing of
information

Like maRicians with an occult sack.
the attorneys for TREY L Ford reached
into the depth OF their attainments
yesterday morning and produced new
. procedures after Judge Lswlor had de-
nied the motion OF the defendant Tor
transfer OF HIS cause to another de-
partment OF the superior court Out OF
the same fathomless bag the same at
torneys-A A. Moore and Stanley
Moore-developed some new but not
Nntried motions IN the case OF Patrick
Calhoun, president OF the United Rail-
roads
The flashes Of surprise in the Ford
case were additional pleas entered by
the general counsel OF the United Rail-
roads to the original plea Of not guilty.
Eord pleaded that in ali the remain
ing indictments against him he was
once in jeopardy and had been aoquit-
ted. On one Indictment, No. S2S, Ford
has been acquitted OF the crime of bril-
berry and the. point made is that all the
alleged crimes charged on the original
"a indictments are in fact but one pub
lie offense.
Assistant District Attorney John
O'Gara protested the plea It is ques-
. tfon of law which must be ad5udieated
by the higher courts.
CALHoUN's CONTENTION
pClaS " Is TO the erect Ahdt
ne would insist on his constitutional
right OF a speedy trial and would in
woke the code provisions TO the effect
that trial must be given a clamorous
defendant within ee days after the in
formation has been filed or the OBJ
struotionist tactics are Quelled. The
Moores. VINO made the point In the alb
sence OF Calhoun. oontended that the so
days should run from February / last.
A A Moore would not say what steps
might be taken to enforce their contcn-
ton for immediate trial. Albeit. the
Calhoun case was continued, on motion
made by O'GGra. TO April 80.
When court opened II the morning
O'Gara fled the afadavitg OF Judge
Lawlor and himself, which were served
or the defense last week in answer to
Fords affidavit on his transfer motion.
Then the motion was denied and the
attorneys stipulated that 40 days be
granted IN which to prepare q bill OF
exceptions to the denial. Like many OF
the unfortunate patrons, the United
Railroads gets no transfer.
FORD ADDS TO PLEA
Stanley Moore then expressed Ford's
wish to add to his plea Ford arose
and said:
II addition TO his plea Of not guilty. made
By him on September le, 1907, 70 the indict-
ments herein. the defendant pleads that be has
already been acquitted Of the ocense charged
herein by the sudgment Of the superior court
OF the city and county Of San Francisco. state
OF California, rendered the third day Of
December. 1907, and he also pleads that be has
been in jeopardy for the offense charged,
ssmely. By his trial under Indictment s23 in
the superior court OF the city and county Of San
Francisco, state Of California department IL,
thereof entitled the people Of California vs..
TREY L. Ford. and resulting In verdict OF
sceuittsl the third day OF December. 1907
said city and county Of San Francisco.
After the double plea had been en-
tered Judge Lawlor set the Ford trial
on: Indictment No. s12 for Wednesday =,
but at the request OF the defense it was
continued until Thursday.
Stanley Moore then said that Calhoun
would insist on his privilege Of trial
within so deys.
We viii waive every right and priv-
ilege IL the prosecution will put him OF.
trial now" said the younger Moore.
Otherwise not" echoed the elder
Moore.
case set for April 30" said Judge
LRwlor