Los Angeles herald., 1908-04-30
PAT AND
ABE FIRM
CALLED AS WITNESSES, THEY
DECLINE TO ANSWER
IN GRAFT CASE is
GIVEN SETBACK
Former Boss Falls to obtain Change
of Venue and His Case ia
Finally Begun This
Afternoon
By Associated Press.

By Associated Press.
SAN FRANCISCO, April 29.-Patrick
Calhoun and Abraham Ruef were
called to the witness chair in the Ford
trial today. Both refused to testify
on constitutional grounds and were
sustained by Judge Lawlor.
After Calhoun was sworn he was
asked by Assistant District Attorney
O'Gara:
cisco after the 18th day of April,
1902"
Calhoun said: 81 decline to answer"
OGara: I'm the month of May,
1906, did you tell Frank A. Leach,
superintendent of the mint, to pay to
the defendant, Ford, $50,0O0?"
Calhoun: II decline to answer"
Judge Lawlor ruled that Calhoun
should not be required to answer any
questions which, in the opinion of the
court, might serve to connect him, in
nocently or guiltily, with the alleged
crime for which he and Ford have been
indicted.
When Ruef was sworn he was asked:
do you know Tirey L. Ford?"
Ruef: Il decline to answer unless
all the indictments against me are
dismissed in accordance with the
agreement 1 had with the district at
torney and assistant district attorney,
known as the immunity contract
and on further additional ground that
a man cannot be witness against
himself
The day closed with an argument on
the question f Ford having been once
In jeopardy.
Thornwell Mullaly, assistant to
President Calhoun, this morning could
not be found by the process servers
from the district attorneys office.
I'VE have had detectives out looking
for Mr.. Mullaly," declared Assistant
District Attorney O'Gara in court this
morning, 1~t they have been unable
to find him. He is not in his usual
habitatiDn, despite the fact that I an
nounced in court yesterday that we
wanted him as witness today"
Ruef Denied Change of Venue
Following the denial of the motion
Of the defense for change of venue
by Judge Dooling this morning the
ACTUAL trial OF abraham Ruef on one
of III indictments charging him with
bribery and corruption of the board of
supervisors of the Schmitz administra-
ton began this afternoon.
John E. Behan, a deputy clerk at the
time in the office of the clerk to the
board of supervisors, was the first wit
ness called.
His examination, which consumed
the entire afternoon session of court.
was interrupted for half an hour by
the appearance of deputy sheriff
stating Ruef was wanted across the
hall in Judge Lawlor's court as a wit
ness for the prosecution in the trial of
TREY L. Ford, general counsel for the
United Railroads, also on trial for al
legged bribery.
Behan testified that all the records of
the board of supervisors were de-
stroyed in the fire of April, 1906, but
produced the official newspaper con-
tanning a copy Of the ordinance in
question. This was introduced in evil
dence by Assistant District Attorney
Heney. Henry Ach, chief counsel for
| Ruef, kept up a running fire Of OBJ
| jections to the questions put to the
witness by Heney. Almost without ex-
ception the objections of the defense
were overruled by Judge Dooling.
| Behan was still on the stand when
court adjourned until tomorrow morn
| ing.
At the request of the defense all
witnesses, except the one on the stand.
were excused from the court room.
| Ruef took a lively interest in the
proceedings and busted himself with
taking notes.
The jury was placed in the custody
of two deputy sheriffs and will be
kept az the st. Francis hotel.
| The specific charge on which Ruef
is being tried is that of having of
| fered former Supervisor Jennings
Phillips the sum of $1,000 to vote for
the Parkside trolley franchise in 1906.