The San Francisco call., 1908-04-01
FORD ATTEMPTS TO
DISQUAL|fY LAWLOR
On Eve of Third Trial Files His
Affidavit Against Judge
in Other Cases
O'Gara's Reference to Common
FelOn" ROuses DefenSe'S
Legal Adviser

On the verge or his thlrd tfldi TREY
L. Ford. general counsel of the United
Railroads, sprung a new delay last
evening before Judge W. p. Lawlor in
the form OF a motion TO disdualify Law
lor from sitting in the case Ford, with
less originality than might be expected
of higher up followed on the lines
OF the Ruef tactics, filing in support or
his motion voluminous personal am
davit, which bore as riders the several
old volumes of Ruefs affidavit and the
affldavits of Rabbis NJ. Kaplan and
Jacob Nieto.
Proceedings on the motion were held,
beginning at 8 o'clock last night, and
were marked by several bitter verbal
encounters between the attorneys for
the defense, A A. Moore Stanley Moore
and Louis F. Byington. and Assistant
District Attorney O'Gara, who single
handed. appeared for the prosecution.
O'GARA MAKES FIGHT
OGara fought the admission Of the
defense's motion for the disqualified
tion of Judge Lawlor on the ground
that the move was not made within the
statutory period of one day before the
cause came to trial. Judge Lawlor, in
view of the delicacy of his position in
the matter overruled the prosecuting g
attorneys objection and took the mo-
ton and the affidavits under considera-
tion until o'clock this afternoon, when
they will come up for further discuss
sion The arraignment of Patrick CAL
houn, Ford and Ruef on the latest bril-
berry indictments was set for the same
time.
Calhoun was present in court last
evening for the first time in some weeks.
William F. Abbott. codefendant in
the original indictments, was also
present.
When proceedings opened last even
ing Byington presented the affidavfts
on motion for disqualification of the
judge. A. A. Moore stated that the de-
fense moved for transfer to some
other department of the superior court
on the ground that Ford could not
have a fair and impartial trial before
that court.
o'GARA REBUKEs MOORE
o'Gara responded with his stand
that the motion was not filed within the
proper time.
"If Mr. O'Gara escapes consideration
of this motion on this contention it will
be palpable fraud declared Moore.
O'Gara sharply referred to the ef-
frontery OF counsel who has no care
or attorney--who is not under his
Fthralldom."
In the course of his argument in op-
position to the motion O'Gara stated
that il 1t were in the cause of COM
mon felon there would be no considera-
tion of the motion. The phrase "com-
mon felon" was a red flag to. the de-
Tense, who distorted O'Gara's language
into an inference against Ford STAN
ley Moore and Byington were quick to
challenge O'Gara.
10 lro odx
declared O'Gara hotly to Byington, In
response to the latter's intimatioE that
the assistant district attorney was vio-
lating the ethics Of his position. Il
won't take any advice from you. The
supreme court never considered that
you graced or bonored your posi-
tion in the least degree.
After Judge Lawlor had overruled
O'Gara's objections to the motion the
prosecuting attorney made separate OBJ
jections to the admission of the ap-
pended affidavits of Ruef and the two
rabbis. This matter was not disposed
of finally.
FORD SLURS LAWLOR
Ford's affidavit describes the indict-
ment of Ruef as a deceptive measure
to conceal the fact that the prosecu-
tion did not intend to prosecute Ruef,
but intended to devote their efforts
TO the prosecution OF CainOun, fOru,
Mutually and Abbott. 1t further alleges
that Ruef was granted an immunity
contract with the connivance, con-
sent and approval of Hon. w. P. Law.
lor.''
The document enters extensively
into a review of the two previous
Ford trials, commenting on Law1or's
attitude. which is described as contra
dictorally prejudicial to the defend
ant. 1t cites that the court failed to
rebuke Heney for alleged misrepre-
sentations to the Ford jury concerning
Ruefs immunity and made announce
ments during the Ford trial of the inn
pending trial of Calhoun for the
reputed purpose of unfavorably infiu-
encing the jury. The affidavit closes
with a general charge of bias and
prejudice.