The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-15
ARGUMENTS IN
CALHOUN TRIAL
IN full SWING
Assistant District Attorney
John 0'Gara Makes Opening
Plea for Conviction
SUMS Up Evidence in Case and
Traces Bride Money on Its
Whole Journey
By w. RUSSELL COLE


District Attorney John oGara yester-
day brought about the beginning of
the end of the Calhoun bribery trial.
His opening address to the jury, which
he completed just as o'clock in the
afternoon. was a forceful appeal, not
so much because of oratorical thunder
or forensic polish as because Of its
sincerity and logical, concise sum-
tangle of evidence which it took more
than two months to put before the
jury.
O'GARA Is SURPRISE
Even TO those who have followed
O'Gara's methods daily through this
4 nd the former graft trials. he proved
himself little short of a surprise by
his grasp Of the case with which he
had to deal He was certain and
sure of every detail; he seldom re-
ferred TO notes of transcript of tes-
timony. and yet never once, in pick
ing his way through a veritable jungle
OF dates. facts and circumstances. did
he fall into error The attorneys of the
defense found not a single opportunity
TO interrupt him because Of a mis-
statement of testimony.
1t is seldom that O'Gara permits him
self TO indulge in denunciation or in
vective yet when he turned during the
last hour of his argument 20 an attack
upon the defendant and his attorneys,
il was a singing lash that snapped
through their ranks. and twice were the
proceedings interrupted by incipient
demonstrati tons from the large crowd in
The courtroom. Prior TO the midafter-
neon recess the speaker scarcely car
ried his argument outside the record
for a moment Then, in a burst of
scathing inquiry. he dared the defense
10 explain why TREY l. Ford had
not been put upon the stand TO eX
plain the use 10 which the S200.0 Of
United Railroads money drawn from
The mint after the IRE had been put
This was the signal for the first in
terruption of the day Loud objections
and assig nments OF misconduct were
made 10 the reference TO FOrd's failure
TO testify but the court ruled with
O'Gara and his remarks remained in
the record. II was several minutes be-
fore the uproar Of objection subsidized,
and when it did O'Gara lost no time
in returning to the attack. In the end
he roundiy scored the defense for the
abuse and vilihcation which he said
had been heaped upon District Attorney
Langdon. Francis J. Heney and others
connected with the prosecution
NOT FIT TO BLACK HIS SHOES"
Finally. turning and shaking his fin
ger toward Patrick Calhoun and the
half q dozen attorneys surrounding
him, he cried:
There's not one among that crowd
not the defendant himself or any one
Of his attorneys-that is fit to wipe the
shoes Of Francis J. Heney; because
Heney is a man, because he has a love
for his country and because he is not
afraid to do his duty"
There was a sharp clap of applause,
stifled on the instant but no further
interruption. This time the defend
ants attorneys failed to take the usual
exception. Only on one other occasion
was there evidence of the feeling in
the courtroom, and that was when
Heney jumped for a moment into the
argument and replied sharply to a
declaration made by Alex c. King of
the defense. who had objected that
the court was being treated to the
spectacle of two prosecutors address
ing the jury"
sci is the second one of the other side
10 join in this objection"
A ripple of laughter ran through
the courtroom.
The setting for the final scenes in
the long criminal trial was in many
details spectacular. By chance, pos
sibly Calhoun himself sat in the very
center of a group of men indicted in
connection with the crime or offenses
growing out OF the crime for which he
is now on trial
TREY L. Ford made his first appear
ance in the courtroom since the begin
ming Of the case and occupied a chair
next the defendant Close by were
William n. Abbott. ThornweI Mutually
and Luther G. Brown, all under indict-
ment. Others in the group were Gem
eral Manager Charles n. Black Of the
United Railroads, Doctor Cofey of the
4company's STAFF, Detective Melrose.
AHugh O'Neil and the usual battery
~ attorneys-the two Moores, Alex c.
King, John J. Barrett, Lewis F. By
ington and their assistants.
ROGERS PLAYS USHER
Attorney Earl Rogers spent but a
few minutes Of the day in the court
room. For an hour at the beginning
OF the afternoon session he was sta
toned at the doorway to the building,
where policemen were holding back
the crowds clamoring for admission,
and devoted his time to seeing that
those who did find their way through
the line were sympathizers of the de-
Tense and not wearers of the blut but
ton OF the league of justice. Dur
ing the morning he performed a SINH
lar service by constituting himself an
usher in the courtroom and doing all
in his power TO arrange the seating
capacity suitable TO his own ends
Arrangements were made in the
courtroom to accommodate more than
100 spectators in addition to the num-
Der that have previously been ad-
rnitted but still crowd fingered all
day outside the building Mounted DO
licemen kept them on the opposite side
Of the street and other policemen stood
sentry at the door and in the aisles of
the courtroom. Almost half the crowd
IN the courtroom was composed of
women.
Immediately upon the calling Of court
al $50 o'clock Judge Lawlor announced
hts denial Of all motions submitted
by the. defense for the dismissal of the
trial. and O'Gara at once began his
argument Aside from his discussion
ofM r evidence, the speaker dwelt upon
thet theme that it was Calhoun's prin-
eipie that every man has his price"