Los Angeles herald., 1909-04-16
CALHOUN'S JURY
COMPLETED; Ills
TRIAL IS BEGUN
ONE EXTRA MAN IS ADDED TO
REGULAR TRIBUNAL
PROSECUTOR HENEY MAKES
OPENING STATEMENT
Shows Former Member of Supervisors
Received His Supposed Share
of Money from Sister Of
Abraham Ruef

/
~ a jury, the trial of Patrick Cal
houn, president of the United Rail-
roads. today attained the stage where
the taking of testimony was begun,
and when court adjourned for the day
| Ferdinand p. Nicholas, the former
supervisor who is accused of accepting
| a bribe paid through Abraham Ruef,
had been ordered TO answer the first
vital question in the case.
The final acceptance of Michael
| Murphy, a retired police sergeant, as
the thirteenth juror, prepared>the way
for. the actual beginning of the trial,
and Assistant District Attorney
Francis J. Heney, after outlining to
the jury the case he expected to prove,
gave way TO the first witness.
Mr.. Heneys statement to the jury
was confined strictly to g narration of
what the prosecution expected to prove
and although the defense at one point
intimated he was attempting to argue
| the issue, he was not interrupted by
Judge Lawlor.
| Mr.. Heney's statement contained
little that has not previously devel-
oped in trials connected with the
bribery graft prosecution. He promised
to prove the passage of money to
various supervisors, through Abraham
| Ruef and James l.. Gallagher, chair
man of the board, and, from his writ
| ten synopsis of the statement, charged
that agents and officers of the United
| Railroads had received and disbursed
! the sum of 100000 as blanket bribe
| for passage of an ordinance giving the
corporation the right to establish the
overhead trolley system on several of
it's lines, operated by cable, before the
earthquake and fire of April Is. 1906.
New Witness introduced
His declaration that L. r. Rea, a
former member of the board, had re-
ceived a portion of the alleged bribe
fund through Mrs. Henrietta Sitten-
field, sister of Abraham Ruef, was one
of the unexpected features of the adj
dress and gave rise to considerable
speculation concerning Rea, who up to
this had not been implicated directly
in the scandal.
@ Michael Murphy, who is veteran
sergeant of the police department, was
passed today as the thirteenth juror
| in the case of Patrick Calhoun, presi-
dent of the United Railroads. Murphy,
who was retired on a pension eleven
years ago, expressed a slight bearing
toward the prosecution, but had no dis
qualifying opinions.
Both sides immediately expressed
themselves as satisfied with the jury,
and no peremptories, of which seven re-
mained to the defense and two to the
prosecution, were exercised.
There were few spectators in the
court room when the work Of the past
three months was completed finally
and it was necessary to summon the
attorneys, who were absent from the
court room.
| A messenger was dispatched for As
sistant District Attorney Francis j.
Heney in order that he might make his
| opening statement, and after Judge
| Lawlor had discharged the superf1u-
Gus members of the thirty-fifth special
panel summoned for purposes of the
| trial.
So impatient were the attorneys to
reach the stage of actual trial that
neither side would consent to con-
tinuance of even two hours. Indica-
tions are that the taking of testimony
will require far less time than was ex-
pended for the same purpose in the
trial of Abraham Ruef, and both sides
are confident of their ability to submit
the question of Mr.. Calhoun's guilt or
innocence for the jury's consideration
within a month.
Long Time to Get Jury
The selection of Juror Murphy ended
period OF jury seeking that has no
parallel in the criminal litigation on
4 Tie IdCllC COttSl. 1nc was COill-
menced January II, and sixty-five days
were devoted to the process of qualify
| ing the thirteen jurors finally sworn.
| 1t was necessary to summon 2430 tales
men in the thirty-five special venires,
and Juror Murphy was the nine hum
dred and twentieth citizen actually in
terrogated by the attorneys.
Mr.. Heney, it was learned, was not
able to comply with the summons im-
odi Tot folk danlnyrad q
recess until p. m, at which hour he
| promised to begin his opening state
ment on behalf of the people. Judge
| Lawlor took advantage of the delay to
| instruct the alternate juror regarding
| the character of his associations with
| the original twelve members of the
panel, and when this had been done
Clerk Martin Welch read the indict-
ment wherein Mr.. Calhoun, as presi-
i dent of the street railway corporation.
| is charged with the offer of a bribe of
$4,000 to Fred P. Nicholas, a former SUI
pervisor.
The indictment alleges in it's further
relation that the money was offered
with the felonious intent of influencing
| the vote of Nicholas on the application
of the United Railroads for a permit
to transform certain of it's cable roads
into electric lines operated with an
overhead trolley.
Heney Has Body Guards
Escorted by two body guards, Mr..
Heney arrived in the court room prior
| to the opening of the session. 1t was
| remarked that William Otis, formerly
prominent in pugilistic circles, had been
substituted for James Foley. who was
one of the body guards when Mr.. Heney
was shot last November.
Addressing the jury. Mr.. Heney said:
1.-THE defendant is indicted jointly with
| Tirey L. Ford and Abraham Ruef l
| wish to invite your special attention to
| the fact that the defendant is charged
with offering and not payment of a
| bribe. We expect to prove that Ruef
authorized James L. Gallagher to make
the offer of bribe to Fred P. Nicholas,
and afterward paid him the money. We
do not charge that Calhoun ever made
the direct offer to Nicholas or that he
ever talked to Nicholas We expect to
prove that the same offer was made to
every member of the board except l..
Continued Page Two)