The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-22
ROGERS MAKES
LAME APOLOGY
FOR his FAULT
FDiscIaims Profanity Directed at
Judge and Says He Meant
Francis Heney
Effort Made to DisquaIify Law
Tor and Heney Is
ViIifed

corning the Sl4AicS anu SouduSt u II A.
rick Cslhoun's counselors, and Francis
J. Heney and A A. Moore put the fin
fishing touches upon their expressed
opinion Of each other which they failed
10 complete in the closing argument.
Would Start Today
HeRey started the pyrotechnics with
q motion that Indictment No. 1887,
charging Calhoun with offering a bride
of $4,000 TO former Supervisor John ].
fFurey, be made the basis of trial to
begin this morning. The indictment
Psn question IS a twin OF the one on
which the mistrial resulted and was
already on the calendar for trial today.
A A. Moore spread the mats for the
well arranged tumbling exhibition by
making an argument which was tine
tured with a few references to the
point at issue, but the body of which
was invective against the prosecution.
The first Il indictments returned
against Mr.. Calhoun were fatally de-
fective and the three which were
brought later, and on which we are
now asked TO go to trial. were simply
returned because Of apprehension on
the part Of the prosecution. To-try the
defendant upon any of them would
simply serve to harass him. 1t is
within the knowledge of the court that
the defendant has at all times been
ready, and is now ready, TO proceed to
trial at once. Since the plea was en-
Tered in the case which we are now
asked TO take up, however. certain
facts have developed which were not
then apparent, and in view Of which
we feel it our duty to interpose certain
motions.
Siurs at Heney
The facts are that at the time these
Indictments were found Mr.. Heney was
an authorized assistant to the attorney
general OF the United States. and that
since the time of his appointment as
= deputy district attorney Of this city
and county he has assumed a double
trole and acted in a dual capacity which
is not permitted under the constitution
in view Of that fact he was an entirely
unauthorized person to appear before
sthe grand jury or to appear in the
trial of any Of these cSses.
Another matter is that this defend
ant and his counsel all are of the
opinion, including myself. that your
honor, on account Of tempera ment or
otherwise, is a totally unfit and inn
proper person TO try this case. Even
before this case was called we consid-
cred your honor TO be biased and
prejudiced and unfair. and the long
ri we h1vv
merely demonstrated that your honor
is not q fit person to preside over this
defendants trial.
An addition reason why we
think that neither your honor nor Mr.
Heney is qualified to try this case is
the fact that at the time Mr. Heney
received his appointment as a private
prosecutor he was employed with pri-
Nate funds OF Rudolph SpreckelS and
in addition to such payments as were
made to the partners of Mr.. Heney
he himself received an additional ST.
pend, ostensibly for office expenses.
He may call IL what he will but we
stink that the name given it makes
no difference. The fact is that he
has drawn large amounts. aggreSating
iover $4,000 from private funds as
compensation for his duty as a public
official The defendant is willing. as
at all times, and anxious TO be tried
ION all these indictments, but not to
he tried here If there is any way in
Flaw to prevent his being tried before
your honor or prosecuted by Mr..
sEeney."
Heney Is ScornfuI
Heney scoffed openly at the shallow
fpretense OF Moores declaration and
Preferred sarcastically to the statement
ifhat Calhoun had been clamoring con-
Inn 11r~F To-
stand, he said, that the law recog-
snized any particular right OF Calhoun
TO be tried before any special court.
s45e stated that he could not see why
at was pertinent that his connection
with q federal Office should be called
1nto question, but that If it was the
defendants attorneys had in their pos
session copies of his appointment and
F1znew that he had been offered an
assistant attorney generalship by At
i1orney General Knox long before the
graft trials began and that he had
lrefused on the ground that the salary
was not sufficient, as well as that his
subsequent appointment was a special
Eone for a particular purpose
In December, 1907. and January.
f1s0S, Mr.. Heney was trying the John
E1i- Hall case in Portland and 1t was so
known and announced all over the
fcOuntry. added the prosecutor en-
stead Of questioning his standing then
however, they opened a campaign OF
malicious attack They subsidized
newspapers, as we are prepared TO
prove, notably the Globe, and press
agents. notably Mr.. Chapman. were
-empioyed by the defendant to write
t9he most villainous lies about Mr.
fHeney and Mr.. Langdon. And these
lies were paid for by Mr. Calhoun TO
he scattered broadcast in order to raise
false understanding Of issues and cast
vile abuse upon us.
las to the other matter spoken of. II
IS apparent that Mr.. Moore is trying to
test out whether your honor is not a
human being by deliberately and will
fully insulting your honor with the in
tention and purpose of drawing from
your honor some statement which they
can twist and turn into an issue. And
this attempt to throw slime on Mr..
Spreckels is in line with all the at
lacks which they have made but dared
not try 10 prove when the bars were
Jet down and the fullest opportunity
given them TO do so.
Needs No Defense
las TO the money have received I
need no defense. for, not having a rail-
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