The San Francisco call., 1908-05-01
MULLALLY MISSING
FORD CASE CLOSES
Prosecution Ends Testimony
and Defense Calls No
Witnesses


ence and vacant is his chair at the
princess theater. Mutually is lost, and
out of the mystery has come only a
strange voice calling htfully over the
long wire from where no man knows
II brings the message that he travels.
afar IN an automobile and has small
care for the processes of the court
Such was the report made yesterday
during the Ford trial in Judge. Law
lor's court, when the prosecution called
for Mutually as a witness. six oetec-
tives had hunted in vain. They hau
gone through the corridors OF the
Fairmont, they had searched the aisles
al the Princess and the Orpheum- They
had gone to the circus, but Muilaity
was not there They had sought him
in the highways and the avenues, but
nowhere had they seen him.
From the camp of the defense came
the announcement that IL, too, was in
Ignorance as to his geographical status.
Attorney Stanley Moore told of two
mysterious telephone calls which re-
ported Mutually at q distance and dis
inclined to return. Moore said he
had urged his client to come back
and yet hoped he would appear.
MULLALLY NOT INTERESTED
Mr.. Mutually is not much interested
in the proceedings" said Moore, "and
there are other matters which have
taken him away" And then it was
whispered about that IL was spring,
when a young mans fancy turns from
legal lore. and that a long procession
Of autos had gone down to greet the
feet al Del Monte.
With Mutually eliminated from the
case the prosecution closed and the
defense stated that IL would have no
witnesses. Technical arguments con-
sumed the remainder of the day. The
formal summaries will be begun this
morning. and by Saturday afternoon
or Monday morning Ford's fate Will
rest once more with the jury.
Richard Cornelius, head Of the car
mems union was visitor in the court
room during the afternoon. Former
Supervisor Furey dropped in for a
few moments with the same instinct
that brings the fugitive back to the
scene Of his crime. Detective Melrose
Of the Southern Pacific was busy about
the court and conferred earnestly with
Patrick Calhoun.
Former Supervisor Gallagher was the
first witness OF the day. He produced
his immunity contract. which has been.
previously published, and was excused
without reference to the late attempt
TO annihilate him.
It was at this point that the Null
lally mystery was sprung. Assistant
District Attorney O'Gara called for the
witness and upon his failure to re-
spond, explained that six deputies had
been. unable to find him after due
and diligent search" This was placed
in the record through Detective Ser
geant Timothy Reardons testimony.
Have you made due and diligent
search for Mullally7" asked o'Gara
Il have" was the reply.
Where have you looked for him?"
inquired O'Gara.
I have looked for him at the Fair
mont, where he lives. the Princess
theater, the Orpheum and the circus"
answered Reardon with an air Of final
ity that insinuated there was no need
TO go further.
MOORE'S OFFER REFUSED
Stanley Moore objected to the infer
ence that Mutually had sought to evade
service and said he would have been in
court had he known he was wanted
He then told of the two telephone calls
apparently from members Of MullaIly's
party. Moore offered to stipuiate that
II placed on the stand Mullally would
refuse 10 testify. but O'Gara declined
Both sides then submitted their
cases, the defense advancing the plea,
however. that any evidence of con-
spiracy between Ford and Ruef was
inadmisible on the ground that this
question had been settled in Ford's
favor by the verdict of acquittal in
entirely new point and the jury was
dismissed while the arguments con-
tinued during the entire afternoon.
The defense advanced the theory of
res adjudicata.' taking the stand that.
the material issue in the case was the.
charge Of conspiracy between Ford and
Ruef- OGara responded that the ac-
quittal might have been on some other
ground ahd did not necessarily bear
upon the relations between Ruef and
Ford in the trolley matter. The mat
ter was threshed out at length and
cases cited on both sides
The point was cleverly conceived and
bore the ear mark OF the law office of
Garret McEnerney. Incorporated in the
motion was request to put in the
entire transcript Of the former trial as
evidence. The object. OF course, was to
get the matter before the jury In this
way. Judge LawloF will render his
decision this morning but his state
ments in court gave rise to the belief
that the plea of the defense would. be
denied.
During the argument Stanley Moore
and 0'Gara engaged In: Rhetorical
thrusts which caused more noise. than
damage.
At one stage OF the proceedings
O'Gara ridiculed the theories advanced
by his opponents and referred to them
as upstairs" adding. Il shave been in
many cases. but never before heard
so much bad law quoted with such ef-
frontery."
WOULD MAKE BLACK. WHITE
It's the most ridiculous assertion
ever made in courtroom for you to
call any one an upstart," responded
Moore
All was harmony again until Moore
stated that the prior verdict had an
effect that could make white black. or
the crooked straight"
1t must be very strange doctrine
il IL makes the crooked straight" sug-
gested O'Gara. whereupon Moore re-
piled: 1t woild be a good one IL ap-
piled TO YOU"
That ended the storm and steady
breezes prevailed for. the rest of the
afternoon
SAN FranciscO's Greeting.
saaes d. Phelan, chairman citizens
Z ON, he