The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-05-20
DETECTIVE FOR DEFENSE I'M
CALHOUN TRIAL PREcIPl-
TATEs LEGAL FIGHT.
MORE SENSATIONS ON TAP
Witness Tells How He Followed Ger
tain Men Connected With Graft
Prosecution and How He Was En-
abled to Secure information as to
Burns Activities in the Affair.

Burns Activities in the Affair.
San Francisco, May 19-Into the
trial of Patrick Calhoun, president Of
the United Railroads, there was in
Jected late today an extraordinary
chapter dealing with the uses and
methods of detectives. John Helnes.
at one time the head OF private de-
tective bureau In this city, narrated
In detail, as witness for the prose-
cution, the secrets he claims to have
learned during his term of employ
ment as an agent of the United Rail-
roads. His testimony, which relates
to the early period in the history or
the graft prosecution, already in
wolves the names of several persons
more or less prominently identified
with the defense, and there Is d prom
Use of revelations more sensational
when he resumes the stand tomorrow
Helms had scarcely started his mar
ration when there ensued a legal
Wrangle that has had no parallel In
the five months that have elapsed
since the trial was commenced Five
of the defendants attorney, protest
ed against the admission of Helms
testimony and the spectators were
hardly aware of the important issue
involved when counsel on both sides,
with flushed faces and voices raised
to angry pitch. We're engaged in
legal battle that was waged for near
ly an hour. Judge William p. Law
'or finally ruled that the evidence was
admissible, and Helms testified under
objection until the session of court
had been prolonged a half hour be-
yond the usual hour of adjournment
Came by Request.
Helms testified that he had come to
this city in response to a request by
Attorney Louis Hoeffler early in May
1907, at which time the first trial of
Tirey l.. Ford, counsel for the United
Railroads, had been commenced.
Hoeffler, he said, instructed him 10
watch everything done by the prosecu-
ton and report the information so
gathered. Assistant District Attorney
Francis j. Heney attempted to learn
what persons We're shadeWed by Helms
but the court sustained an objection
by the defense.
This testimony is offered" said
Mr.. Heney, with the intent to show
a guilty consciousness on the part of
Patrick Calhoun: to show his conduct
in interfering with the course of Jus
tice and the fabrication of evidence
II assign that statement as mis-
conduct" said A, A. Moore. 1T is
not sign of guilty consciousness to
follow Burns, who has followed ev-
ervone else The defendant Is still
presumed innocent, notwithstardins
the diatribes of a public prosecutor.
who accepts no pay from the state
but who gets $3.50 per month from a
private individual. His following Of
Burns did not show a guilty consci
BUSINESS. 1t showed common pru-
dence.''
Well Prepared,
That the presentation of Helms as
a witness had been planned for some
days was evidenced by the fact that
and defense We're equal
ly we'll prepared with authorities in
support of their respective conten-
tions, Alexander King of Georgia
presented the legal points for the de-
fense and when he had finished. John
]. Barrett and Earl Rogers addressed
the court.
During Mr.. Barrett's address Mr..
Heney made several attempts to in
terrupt the speaker, appealing to
Judge Lawlor.
Helms, when permitted TO resume.
testified that he had come to this city
at the request of Attorney Louis M.
Hoeffler, who had directed him to
watch members of the prosecution en-
gagged in the first Ford trial. Later
he said. he had reported direct
ly to William M. Abbott. general at
torney for the United Railroads who
him to engage assistants
and paid him. 1t was during the
trial. he declared that he spoke to
Patrick Calhoun who authorized him
to engage an automobile and follow
Burns, motorevcles having failed N
the work. Helms said he had in
dueed +. A. Plat. a Burns emplove,
to furnish him with copies and orig
inals of letters. telegrams ard re- :.
ports on Jurors from Burns office,
Abbott, according to the witness paia
Platt $500 a month from the middle of
1907 until August 81. 1908. during
which time, he ALLEGED, rlatt SUD-
piled teleeran's in code and otherwise
from operatives who were following
Eugene f, Schmitz, the former may
or then in Furope and from the men
who were saektng A. X, Detweiler the
Indicted telephone magnate. The wit