The San Francisco call., 1909-01-05
CALHOUN WILL
FACE BRIBERY
TRIAL TUESDAY
Charged With Offering Money
for Vote of Former Super
visor Nicholas
Heney to Conduct Case Against
President of the United
Railroads

Patrick Calhoun, president of the
United Railroads, will go to trial one
week from this morning before Judge /
Iswlor on the charge of offering a
bribe to former Supervisor Nicholas !
for his vote in favor of an overhead
trolley franchise for the United Rail-
roads. The date was agreed upon yes
terdsy and 1t was stipulated that both |
sides would be in readiness TO begin /
the actual impeachment of jury next I
Tuesday morning.
1 Francis J. Heney. now in the east, |
viii return TO take charge of the prose- /
cution in person, and it was in order /
TO allow sufficient time for him to make
the trip west that Assistant District /
Attorney John OGara asked yesterday /
morning for the continuance. Heney /
and O,Gara will conduct the case for /
the state. while the defense will be !
! led by A. A. Moore, who appeared in /
behalf OF Tirey J.. Ford during all three !
Of his trials Moore Will De assisted
/ by his son, Stanley Moore; William NJ.
Abbott Of the United Railroads legal
STAFF, who is also under indictment for
/ bribery; Lewis F. Byington, former
district attorney and associate counsel
! for the defense in the Ford cases; Earl
Rogers Of Los Angeles, and Calhoun's
/ former law partner, Alexander King of
/ Georgia
! FARCICAL PROCEEDINGS
The case came up before Judge Law
lor yesterday for a formal setting for
/ trial and the usual farcical proceed
ings were enacted Picturing the de-
! fendant as an abused and misiudged
martyr the elder Moore made valiant
effort. TO create sympathetic at
mosphere at the outset His simu-
lated earnestness might have been par
tally effective had his object been less
! boldly apparent, but, as il was, the bid
Tor sympathy fell fat. Moreover, he
/ attempted TO interject into the record
I an appeal for a change of venue with
out making ii in the form of a regular
motion, but coupling it with a vehe-
ment declaration that Calhoun wished
10 take advantage of no technicality
The grandstand play reacted unex-
] pectedly, for il won Moore stern
rebuke from the court and accom-
plished nothing.
When O'Gara. made the motion for
continuance until January u he ex-
planned that ii was to give Beney time
10 return 10 San Francisco to takA
active charge Of the case. He said
( that the prosecution had expected a.
I number Of motions preliminary 10 the
actual beginning Of the trial and that
he had been prepared TO meet these at
once. but wished TO wait until Heney
arrived before beginning the selection
| OF a jury. A. \ Moore gave the CON
sent of the defense, but instead of
making simple declaration of will
ingness to wait a week he launched
into a prepared speech that was in
tended TO be a cross between subtle
rebuke for the prosecution ana a
eulogy for his client.
MOORE WINS REBUKE
Moore reviewed the history of the
Calhoun cases with many refterations
or the willingness that Calhoun mas
expressed for more than year to go
10 trial but without referring to the
long delay preceding that while pre
limlnary motions swere being dis
posed Of
There is another matter about which
l wish 10 speak" continued Moore. I'm
view OF all that has transpired dur
ing the three Ford trials and while the
preliminary motions in this case were
pending, we Of Mr.. CaIhoun's counsel
are thoroughly impressed with the idea
that your honor is biased and preju-
diced, can not give the defendant a
fair trial and is, therefore. disqualified
I =
bids that any such motion should be
made, but as his counsel, we ask of
|. your honor TO permit some other Judge
10 try the case"
Judge Lawlor responded quickly to
the open insinuation which bordered so
closely on contempt of court by in
forming Moore that such references
would not be tolerated
Such a declaration is unheard or"
) ne said. There is proper way to
/ bring such a matter before a court and
only one proper way. An attorney
should understand that this way is not
through verbal assertion but through
the medium Of a written motion. prop-
erly draw TO comport with the re-
ouirements of the case. Do you wish
TO make this as a motion under the
provisions OF the eode?"
NO, we do not" Moore FASTENED to
explain. Mr.. Calhoun viii not permit
motion 70 be addressed to you, but
Then there viii be no more refer
ences Of any kind TO this matter" in
terrupted the court.
CALHOUN HOLDS LEVEE
There was only a small crowd in the
courtroom yesterday morning and a
| noted absence of the small army of
private crooks and shadowers that has
been SO conspicuous as a feature of all
the graft trials. Instead there was
] the most complete and attentive turn
out Of representatives from the pur-
chased organs of the prograft. press
that has ever gathered since the be-
ginning Of the prosecution. Calhoun
held levee ih an aisle of the court
room after the session, busying himself
with giving orders for the method of
handling developments for print The
incident gave final proof that the com
ing trial is not to be fought alone in
the courtroom, but in the columns of
the gutter weeklies and the boughten
dailies.
Newburgh Trial Begins
The trial Of Adolph S. Newburgh.