The San Francisco call., 1908-04-30
Calhoun Is Silent on Stand

him wink.
The calling of Ruef was a startler.
He had. been expected in the two pre-
vious Ford. trials Then the surprise
lay In the prosecution not producing
him. In the third trial Of the general
counsel Of the. street railroad corpora
tion the situation was reversed in all
its angles.
Calhoun was called to. the witness
q. stand shortly before II o'clock. There
was a violent and learned protest
against his being sworn as a witness.
p but. Judge -Lawlor overrulsd those OBJ
jections.
The president Of the biggest public
utilitysin San Francisco took his oath
to tell the truth and all OF. the truth.
-sWhat is your full name2" asked AS
sg.sfant District Attorney: John so'Gara
Patrick Calhoun"
.syhere do you reside?"
in Kew York city, and partly in
South Carolina, partly in Cleveland; o.,
partly Sn Georgia" .tefsely responded
the ma agnate, carefully eliminating
san. Francisco from his residential cata-
you are not a resident of the state
California; asked oGara, noting the
omission.
when did you first come TO San
Francisco after the 18th day of April.
1902. O'Garat put as the. first question
~ bearing. on the. case at issue.
Stanley Moore: instructed the witness
not to answer, after O'Gara had stated
THAI it was his ultimate intention to
show the time of the arrival and de-
parture Of the witness from San Fran
= cisco.
80 do you act upon the advice of your
counsel n"that nlatter?"- asked Judge
Lawlor..
-.ssI do: your honor. and: L. would like,
!. with. your honor s permission, TO give
fully my reasons fer declining"
:. Then followed a solid hour Of argu-
ment, the Jury being excused until 3
O'Clock
MOORE REcITEs PRECEDENTs
Stanley Moore went deeply into the
law in the issue. He cited two cases in
particular. to show that a codefendant
or other witness has q constitutional
= right to refuse to answer q question
which might react by discriminating
him. One case was from the New York
reports, where a Cornell college stu
. dent was; excused from testifying at
the trial Of his roommate, a sophomore.
: .wlro was charged with dumping a car
boy Of obnoxious gases into room
full of: freshmen.
:. The other case was reported: from
.Calhour's neighborhood state Of rFlori-
d.
dubious character was on the witness
stand. She was asked * she kept a
house of evil reputation and declined
TO answer on the ground that reply
would tend to incriminate her On
those cases as precedents Calhoun's
:. counsel contended that the head of the
;. big trolley system should not he. re-
Quired TO testify. : 49,
Judge LawTor= ruled. that. Calhoun
should not be required to. answer any
question which In the opinion Of: the
court might serve to. connect him.. in
nocently or suiltily, with the alleged
- crime for: which he and Ford have been
.. indicted. 80
CROWD GAPEs AT CALHOUN
At. O'Clock the court Teassembled.
Calhoun took the stand as If 1t We're
serious business There was. nothing
'debQna5r about his. appearance nor his
manner The. crowd in the courtroom
pushed. forward as far as the. deputy
sherifs would permit
;. when did you: first come to San
Francisco after. the. 18th day of April,
1862. Stenographer .Elderkin read as
: the question pending against the: wit
ness.
:: Calhoun. turned his head. toward
Judge Lawlor. by. whose side the wit.
F. ness clair.is placed and nodded mega
'.tiveIy
= decline to o+ans@er,%. he. said ALMOST
inaudibly.
: ..1nsthe month of May 1895. did you
-telt Frank A Leach. superintendent. of
s500002:
Tie Jurors turned: toward CALHOUN
10 see il he would frankly respond to
<.thiss question, in which was embodied
the .entire force Of the prosecutions
:: case against the head Of the United
IL fT~.n- a. -
;. I'VE object to this, if your honor
please. interrupted Stanley Moore,
. rising. sand we assign that question as
misconduct on the part of the district
attorney"
.Do. you decline to answer" asked
Judge :Lawlor:
CALHOUN REFUSES TO ANSWER
"Yes." Calhoun replied. almost in
audibly. -:
THE question need not be answered
and the district attorney should not
pursue that line of Questioning fur
ther," ruled the court.
Calhoun had been on the stand about
five minutes. -
3. The courtroom watched the witness
leave the chair and decided that. the
thrills for the day were over.
Call Abraham Ruef." said O'Gara.
simply Anew thriller was being pro-
duced.
Ruef came in with his retinue, Attor-
neys Ach. Murphy and Chapman.s
District Attorney Langdon. Francis
J. Heney and Rudolph Spreckels came
in from Judge Dooling.s court. Heney
sat by O'Gara, but aside from a whis-
spered consultation, took no part in the
examination or arguments.
RUef spoke first for himself, boast
ing Of his 35 trolley indictments, and
then his attorneys took UP the argu-
ments in his behalf. opposing the effort
Ito place him son the stand But it
had been previously determined that
codefendants should be sworn as wit
nesses.' so Ruef- was put on the stand
and used his chance to shout Immunity
Q contract" and wink at Calhoun.
: BANK CLERKS TESTIFY
When the case was called yesterday
morning several bank clerks, A Ros-
setti OF Wells Fargo Nevada national
bank; p S. La Mott of the Crocker na-
tional; Frank Arnold of the Mercantile
trust and A: Downing of the Union
trust company. testified that the United
Railroads had no special accounts there
that might conflict with the evidence
Sp the case on RI