The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-16

in that crowd-meaning us-is worthy
10 unite the neektie of the O'Gara.
Such a remark was so indecent, so
repugnant that I don't see how they
themselves could stand to do II. except
10 make it part OF bogus. rotten case
shoemen and imported bandits
You may have noticed that several
times in o'Garas address there oc-
Cured a hiatus, and you may have
discovered that those brilliant fits of
silence and abstraction were the better
part OF his discourse. Whenever he
/ let his intellect cake and unslacked his
jaw he INDUCED in such statements as
he's guilty 10 I'LL N the gap His
whole statement TO you was utterly
without facts. had no relation TO the
evidence and was only his own con-
strucriOn Of what he would like to
have you believe. He spent his time
applying one nebulous. gaseous bubble
no bigger than a pin head 10 another.
and by adding them together trying to
make nothing added TO nothing make
nothing.
7 think. gentlemen. that concludes
about all I have TO say about a long
argument. including its flashes OF
silence"
HENEY OBJECTS To "FOULNESs"
1t was not all that Moore had to say
about O'Gara, however. Turning TO him
later, and reverting again to the shoe
shining quotation, he termed O'Gara's
! remark "cackling glee" and instructed
OGara that 1t behooved him to look
upon your own foul mess" The last
was accompanied with sweep of the
arm which included every person with
in the railing on the prosecutions
side of the room. Heney interrupted
Nd frfa
change between the two.
Before getting around TO argument
Moore referred to Gallagher as the
builder of the prosecutions fortunes
and the browning sheaf of this wick
ed. prosecuting prosecution" He re-
marked. also, that he expected Heney
10 disgust a good many of the jurors
with his "socialistic. anarchistic doc
trines and his attempt to array class
against class" The speaker called the
attention Of the jurors to the presence
of members OF the defendants family
in the courtroom, coupling the refer
ence with direct appeal for sympa-
thy.
LITTLE REGARD To EVIDENCE
What little there was in Moore's adj
dress of real argument on the evil
dence was disposed of with slight re-
gard by the speaker. He had only
time to argue the point that TREY L.
Ford would first have to be proved
guilty man before Calhoun could be
proved guilty because Calhoun was
charged with having conducted nego-
tIations through him. He called atten-
ton TO the fact that Ford had been
twice acquitted, and then adjournment
interrupted him.
Kings argument during the morning
and early part of the afternoon
amounted virtually to an expansion OF
the theory that a defendants guilt
must be proved beyond any shadow of
a doubt. and that as long as any other
possible explanation could be given of
any act or circumstance, that explana-
tion must be adopted. regardless of the
fact that evidence was not produced
by the accused when innocence, If it
existed. could have been easily proved.
KING ADMITS EVERYTHING
Where he touched the record King
admitted everything in his way for the
sake EFF the argument but adroitIy
avoided the matters which positively
defied explanation. He laid stress on
the search OF safes in the United Rail-
roads Offices. but he made no attempt
TO account for the presence in those
safes OF papers stolen from the offices
OF the prosecution He told the jurors
that il was forbidden them TO surmise
how the 100000 taken by Ford from
the mint was expended unless ii was
proved directly to them that Ford paid
the money TO Ruef. Otherwise. he
said the jury must seek and find some
explanation consonant with innocence.
Trial by jury stands as the very
buIwark of American liberty, and at
the foundation of that buIwark is the
right of every man 10 be deemed fnno-
cent until he is proved otherwise
said King in opening his address
RIGHT OF MAN TO BE TRIED
There exists also the right OF q man