The San Francisco call., 1909-06-11
CALHOUN CASE
IS NOW NEARLY
READY FOR JURY
Prosecution Ends Evidence EXa
cept for Possible Threads
Today
Treasurer Starr, on the Stand
Again, Shows Lax Book Keep
ing of United Railroads
By w. RUSSELL COLE


Except forthe proviso that the pros
ecution may. if it so desires, take time
enough this morning to fill in any gap
of testimony that may have been over
looked. the case Of the people in the
trial Of Patrick Calhoun is closed. All
the evidence is before the jury, and
today. just FIVE months from the date
Of its beginning. the greatest of all
the local graft trials is practically fin
ished.
The windup of the prosecutions case
yesterday afternoon was spectacular.
Until within an hour of adjournment
time the entire day was devoted to a
technical legal argument as to the ad
missibility in evidence Of vouchers and
accounts showing expenditures of the
United Railroads legal department dur
ing the summer months of 1906. On
"Wednesday Attorney Stanley Moore of
the defense asked Treasurer George
z. Starr of the United Railroads a
question tending TO raise an inference
that the $500. 600 drawn from the mint
by Tirey /. Ford in 1906 had been used
In brea king the carmen's strike of that
year Although previously refused the
right to put the company's vouchers
in evidence. the prosecution promptly
reopened its demand as a means Of dis
proving this inference and showing
conclusively that the fund drawn from
the mint was used in an illegitimate
manner.
PROSECUTION WINS
It was over this contention that the
fight was waged yesterday. In the end
the prosecution won and the company
officials We're ordered by the court to
produce the desired documents. Then,
as a means Of settling upon the exact
papers desired, Heney recalled Treas
urer Starr to the witness stand and
questioned him concerning the COM
pany's methods Of book keeping In
q brilliant examination he cornered
Starr and forced admissions that under
the lax book keeping methods used
by the corporation the books and
vouchers were absolutely worthless as
a means Of showing where expenditures
We're made, even if the entries could be
found.
With this admission as a weapon
Heney demanded that the testimony of
Starr. in which the witness declared
that large sums had been paid TO Strike
Breaker Farley in 1906 be stricken
from the record. This was the testi-
mOny upon which. the inference raised
by the defense Wednesday was based.
and there was a decided objection from
the defendants corner to haYing the
testimony eliminated from considera-
tion. But as much as the defense de-
sired to retain this testimony in the
record, there was much greater desire
TO keep the books of the company out
Of court and when Judge Lawlor ruled
that unless the testimony was stricken
out a full investigation would be per-
mitted. the defense backed down com
pletely.
MOORE GIVES IN
The testimony may go out" con-
sented Stanley Moore, the member Of
Calhouns counsel who brought it into
the record Wednesday and who first
raised the question which caused the
long wrangle.
SO the bulk OF STAIRS testimony was
swept away at a stroke. and with it
went all ground for argument that the
$500 600 Doodle fund may have been
used for legitimate purposes instead of
finally reaching the hands of the
Schmitz-Ruef supervisors as bribe.
II was the last link in the prosecu-
tions chain of evidence. Treasurer
Starr. who had been on the witness
stand while the final contest was being
lOuRnI- was excused ne LtllS4Oil IG-
laxed almost instantly, and Heney
brought the case to a close with a ques-
tion that sounded almost foreign to the
issue Of the trial, so great was the con-
trsst between the unconscious irony it
contained and the bitterness of the pro-
ceedings just concluded.
VIII it be stipulated that Abraham
Ruef is now residing at the county jail
Of this city and county," inquired
Heney.
That will be stipulated" answered
Stanley Moore with a broad grin. after
hesitating for a moment in evident
perplexity as to whether the question
was seriously intended.
Then that is the case of the prose-
cution," declared Heney. With the
exception of looking over the testi-
lnony to see if there is any necessity
of producing these vouchers and TO see
If we have overlooked anything, which
] don't think we have, we are ready TO
close"
WILL LET VOUCHERS GO
Heney explained after a short con-
sultation with O'Gara that in view OF
the final turn of events he did not ex-
pect TO find it necessary to ask for
the vouchers concerning which the last
long fight occurred. He said that he
did not wish to make this declaration
positively, however, until he and
O'Gara had an opportunity to inspect
the record, and asked that the formal
announcement of the closing of the
case be postponed until this morning
so far as we are advised at the
present time" he said. I'VE will not
make any application for the produc-
ton of the vouchers, and 1 think we
viii be able to close as soon as court
meets in the morning. If we have
overlooked anything, however, 1 feel
sure that we will be able to finish up
within half an hour"
Judge Lawlor granted the request
and adjournment was taken until 10
o'clock this morning.
STAIRS testimony, which brought the
case 10 its end. was revel in the
realms Of high finance. Though de-
claring tlrat large amounts of money
passed through the treasurer's Office at
the time Of the strike and that vouch-
ers were filed covering considerable
sums. the witness was unable to state
who signed the vouchers. to whom they
were payable or who finally received
the money. or to say what had become
of the vouchers in question.
STARR IN A MUDDLE
Heney asked the witness how he
could identify or distinguish the
vouchers If they were found. and Starr
rorrf7fafr -