Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16
MOORE filings
KEEN SARCASM
TOWARD HENEY
INSINUATES SPRECKELS PAYS
COSTS OF PROSECUTION
SAYS CALHOUN ANSWERED 40
TIMES READY FOR CASE
Seats at Trial of Railroad President
on Bribery Charges at Premium.
Analysis of Testimony
Is Ended
(By Associated Press.)

SlOUdI6 survey VI bhC CooO AAOAA NAhS
standpoint of the defendant, and con-
cluded in time to give Mr.. Moore two
hours for his Introduction.
Standing squarely in front of As
sistant District Attorney Francis j.
Heney and John O'Gara, Mr. Moore
turned to look at them when his re-
marks, tinged with sarcasm and bit
terness, were first directed to the pay
ment of the chief prosecutors office
expenses by Rudolph Spreckels, and
then to extracts from Mr.. O'Gara's ad-
dress of yesterday.
Seats in the court room were at a
premium and as the number of spec
tators increased through favor or re-
Taxed vigilance on the part of the po-
lice guard at the doors, the atmos-
phere within grew dense and sitting.
MIR. Moore opened with a declara-
ton that the defendant had answered
ready" on forty occasions, following
the return of seven indictments
gainst him in 1907, and that he had
once been refused a hearing because,
as he said, 1.-The hired prosecutor who
works for fame, or glory. or money, or
all, had chosen to let James L. Gala
CHER, his chief witness, leave the
state"
Moore Gets Eloquent
After a review of the jury system,
Mr. Moore said:
This defendant stands bold, conf
dent and upright, willing to take his
rights and anxious to have them.
II was sorry to note in Mr.. O'Gara's
discourse the tendency of the prose-
cution to claim that the rich are OPP
pressing the poor, that streets are sto-
len and bribery committed and that
you should therefore convict this de-
PENDANT. 1t was unworthy and the
poorest jockeying. And when he turned
nd uot In ono Of 10
is fit to rub the shoes of Francis ].
Heney,' it made my gorge rise. 1t was
something no prosecutor should have
said. The poorest bootblack in San
Francisco is well qualified to rub Mr..
Heney's shoes, or his head, If occasion
should arise. There was indecency in
the remark, although the prosecutor,
swelling visibly at the adulation,
beamed on O'Gara and made mental
note that will no doubt result in
flinging back of that bouquet.
ANY case that has to depend on mat
ter so insulting to any man, so servile
and so indecent In it's reference, is a
rotten and bogus case, that needs must
fill the avenues of this city with gum
shoe men and pistol men and Ratchet
men, such as those who sit behind Mr.
Heney.
Sees a Difference
Thine was when this would not have
happened in court of justice, when
there was no such indication of hate or
malevolence against a defendant; when
the defendant could even entrust his
case to the prosecutor, who, perhaps,
lived on the modest stipend of his
office.
Time was, too when the district
attorneys did not snarl or indulge in
raucus roaring; did not fix dead line
over which no man might step and
1.-Two did antar 0O1Yrf with rpfin11p
of gun men, and did not tell his OPP
ponent that he would get what was
coming to him."
Referring to Mr.. O'Gara's discourse,
Mr.. Moore said he would not waste the
jury's time by devoting more than fif-
teen minutes to it.
His brilliant fits of abstraction and
his flashes of silence were the best parts
of his address," he said.
"This is the first time in history that
prosecuting officer has been appointed
to Office by a person with property in
terests at stake, and has served with
out pay to prosecute another citizen.
The evidence shows that he and his
partners received 1000 from this pat
rom and that Mr.. Heney individually
received $4,000 in two years--for office
expenses, if you like-but 1000 is $685.
000
PAY Own Office Expenses
"IJnfOrtunaLely, II HOuOIdDlyy IIloiC
humble members of the profession pay
their own Office expenses. have no
right to say that Mr.. Cobb or Mr.. DWy-
err divided with him, but if had been
in his place I should have thought 1t
gracious act on their part
Mr. Moore is expected to consume to-
| morrow's session of court and VIII be
followed by Mr.. Heney.
The case probably Will be submitted
to the iury Friday.
Alexander King OF Atlanta, Ca, who
crossed the continent to assist IN the
defense of Calhoun, with whom ne
was once associated in legal practice,
opened the argument IN behalf or MS
client today. With friends and bust
ness associates pressing about him and
his wife and daughters seated in full
view of the jury, the president of the
United Railroads followed attentively
every word of the soft-voiced south
ern attorney, whose remarks could
scarcely be distinguished at the fur
Their end of the crowded court room,
| Realizing after the seven-hour adj
dress of Assistant District Attorney
John OGara yesterday that the battle
of arguments is to be one of the most
important ever waged in this city, an
increased throng of men and women
sought admission to Carpenters hall
early in the morning and under police
! SUPERVISION lll6 COuib iOOih NoS bliCd
| half an hour before the argument
| opened.
| 1T warn you against the atmosphere
| of suspicion with which the prosecu-
ton has enveloped this case" said Mr..
King in his opening. you must try
| II on proof alone and ignore every
hypothesis that has been commonly
spread out for your inspection.
Case Presented Ungenerously
mr.. O'Gara has presented his case
in a manner most ungenerous. He has
appealed to your pre-supposed preju-
dices. else why does he continually
refer to Mr.. Calhoun as an eastern
man, as a man of great wealth, and
why does he refer to great corpora
tions as pirates.
Mr.. Kings address was quickly di-
rected to review of the testimony and
he began by attacking the prosecu-
TONS motive in commenting on TREY
l.. Fords failure to testify for the
defendant.
who alone has been calling the
witnesses in this case?" he asked THE