Los Angeles herald., 1909-04-24
CALHOUN THINKS
WITNESS SEEKS
IMMUNITY ONLY
GALLAGHER'S MOTIVES ARE I'M
PUGNED BY DEFENSE
PRESIDENT OF UNITED RAIL-
ROADS ATTACKS SUPERVISOR
Arguments over Admissiblity of Evil
dence Becomes So Heated 1t Is
Necessary to Exclude Jury
for an Hour

~ AN FRANCISCO, April 23.-Patrlck
Calhoun's attorneys partially out
~ lined their attitude today when
the cross examination of James l..
Gallagher, chief witness for the prose-
cution, was completed, after two and
one-half days of interrogation.
The indicted street railway president,
according to conclusions drawn from
today's proceedings, has undertaken to
attack the motives of Gallagher ana
his associate members of the SchmitZ
board of supervisors, and will endeaVor
to show that Gallagher regarded above
everything else the immunity contract
whereby he was absolved from legal
penalty for the crimes to which ne
had confessed.
Prolonged arguments, relating to the
admissibility of testimony character
lied today's session, and at one time
the Jury was excluded for more than
an hour, while the opposing attorneys
fought out problem that Will be de-
termined only when the trlai Is re-
sumed next Monday
In submitting to the jury what was
declared to be conclusive evidence OF
perjury on Gallagher's part, the de-
fense referred repeatedly to instances
wherein the testimony of the witness
was at variance with vital utterances
made in previous trials.
Turns Over Witness
A. A. Moore of the defense, who con-
Quoted the cross examination of Gal
lagher. turned the witness over to the
prosecution after he had read into the
record extracts from sworn state
ment, wherein Gallagher denied ever
having committed a felony.
.s.ka niu.tr fnf
Heney followed this lead by producing
and submitting to the jury the legal
document, which had brought about
the perjury that Gallagher admitted,
and then undertook to show the mo-
tives of the witness in affixing his sig
nature to the answer.
The jury was dismissed while the at
torneys argued the right of the prose-
cution to delve into Gallagher's mo-
tives, and Judge Lawlor finally upheld
Mr.. Heney's contention.
In defining his general attitude be-
fore the jury left the court room, the
prosecutor said:
1--WE contend that there are but two
connected issues in this sense. First,
did Gallagher make an offer to the
members of the board after Ruef had
authorized Gallagher to do so, and was
Ruef acting on behalf of the defend
ant? If we cannot prove that CAL
houn made this offer to Ruef as the
second vital basis of our case, it falls
to the ground and the defendant should
be acquitted"
Has Right, He Says, to Show Facts
Mr.. Heney in his argument on SIM
liar proposition that developed later.
declared he had the right to show
the facts and let the jury decide on
which occasion Gallagher was telling
the truth. This theory was strongly
opposed by the attorneys for the de"
fense.
After one issue had been decided in
favor of the prosecution and another
temporarily exhausted Mr.. Heney re-
verted to the beginning of the cross
examination. forcing Gallagher to ad-
nit that he did not know whether or
not the cable lines of the United Rail-
roads could have been restored after
the fire and earthquake of 1906; that
he had no knowledge of the exact dam
age suffered by the several power
houses and that some time during the
year 1905 he had heard of proposal
by the United Railroads to apply for
a trolley franchise on its Sutter and
Larkin street lines
Mr.. Heney, in reply to one of STAN
ley Moore's objections, said: I'VE eX-
pect to show that Calhoun and Ruef
knew exactly the attitude of the pub
lie toward an unqualified grant of an
overhead trolley permit. and we expect
to prove that they took advantage of
the confusion to make their move, but
even then believed it necessary to con-
ceal their intention as long as pos
sible, and for this reason did not file
the application until the day it was
passed by the supervisors"
Must Outline Purposes
Judge Lawlor ruled that hereafter
the defense must outline to the jury
its purposes. Gallagher declared he
had not agreed to make any confess
sion until the final interview at the
Preside. After the first conference
gone back to the city and hastily con-
vened caucus of the supervisors in
volved.
1--WE have been trapped I told
them, and we began to decide what
policy we should pursue. At a second
meeting the matter of immunity was
discussed at length and the witness
was given blank contract of immu-
nifty. At the second conference Gala
CHER. at the suggestion of his col
leagues, demanded to know If the SUI
pervisors would be compelled to give
up the money they had received COR
ruptly."
With the cross examination already
prolonged throughout fifteen hours of
actual court proceedings, the scope of
the inquiry already has beer enlarged
to an extent that will materially
lengthen the trial of the street railway
magnate. The prosecution already has
promised to meet each new issue
brought before the jury by the de-
fense, and on the basis of today's prog
ress the examination of Gallagher may