Los Angeles herald., 1909-06-04
COURT DEFENDS
ACTS OF HENEY
ATTORNEY IN CALHOUN CASE
DlSPLEASES JUDGE
SON OF BURNS TELLS OF PAY
MENTs BY sPREcKELs
Secretary of United Railroads Reads
Bylaws to Show Whether Pres-
dent was Empowered to
Buy Franchise
LRg Associated Press.l

| SAN fKANClSCO, June o'--CoLhptNA
alive quiet prevailed throughout to-
days session of the trial of Patrick
Calhoun, president of the United rail
roads. 1t was devoted to the intro
duction of fragmentary and corrob-
orative evidence submitted by the
| prosecution.
Raymond Burns, son of William J.
| Burns, special agent of the district
attorneys office, was summoned 10
the witness stand during the day to
explain items of expense that were
| first paid by Rudolph Spreckels, fin
ancial hacker of the graft prosecution,
and later assessed to the city. In the
| course of his examination Burns SAID
that the agents of the prosecution had
| been unable to draw their salaries be-
cause of an injunction secured by q
client represented by w. Fl. Nelson,
who has appeared for the United Rall-
roads in other legal controversies. AS
sistant District Attorney Heney In
teposed an objection to one of the
questions by the defense and A. A.
Moore of counsel for Mr.. Calhoun, re-
marked:
more bars"
Judge William P. Lawlor cut short
further reference to the prosecutions
course by saying:
you will dispense with that form
of conduct, Mr.. Moore, or 1 shall find
a way to make you do So"
Rebuke for Attorney
Mr.. Moores utterance was defended
by his son, Stanley Moore, who charged
that Mr., Heney had several times
given expression to statements of more
serious character.
"That may be the fact" said Judge
Lawlor, but I am not going to rep
rimand the district attorney when his
excuses of behavior are to be directly
attributed to emanations from the
other side"
George B. Willcutt, secretary of the
United Railroads, was recalled late in
the day to produce sections of the cor
poration's bylaws authorizing the ex-
penditure of money by the president
and general counsel. Alexander King
of Georgia. one of the attorneys for
Mr. Calhoun, objected that the matter
offered had nothing to do with the
trial; that 1t was offered only to
cloud the issue. and that it sought to
disclose the private affairs of the cor
poration.
Mr.. King assumed that the offer was
made to show whether or not Mr. Cal
houn had authority to pay out 100000
for franchise, as alleged by the pros
ecution.
1--WE want to show nothing of the
kind" said Mr.. Heney. 'Instead, we
desire to ascertain by what authority
money was paid to Luther G. Brown,
and we want to show that Patrick
Calhoun paid to Brown money which
was subsequently used to bride public
officials of this CITY,"
Judge Lawlor finally directed Secre-
tary Willcutt to read such sections of
the bylaws as related to the duties
and privileges of the president and
general counsel.
Inspection of Reports
The attorneys devoted the early part
of the session to examination and COM
parison of several hundred reports al
legged to be copies of documents stolen
from the office Of w. ]. Burns, agent of
the district attorney.
Assistant District Attorney Heney in
dicated that his presentation of this
documentary evidence was almost COM
plete. Through w. H. Russell, one of
the Burns assistants, he produced a
number of papers alleged to be original
reports, and an agreement was reached
whereby the papers seized IN a rald
of the United Railroad offices will be
compared with the prosecutions re-
ports from which they are alleged to
have been taken.
The absence of additional witnesses
summoned by the prosecution indi-
Gated today that the case of the state
is nearing an end, although the repre-
senatives of the district attorneys Of
flee declined to predict when the people
win rest.
Percival L. Scales, secretary to Ru-
dolph Spreckels, who financed the pros
ecution, occupied the witness stand
during a period of two hours, during
which time he described the trapping
of Thomas Lonergan, E. I. Walsh and
Charles Boxton, the three supervisors
who precipitated the graft investiga-
ton by their confessions in March, 1907
At the afternoon session George e.
McRae, an architect, told of the Sec
ond mysterious dynamiting which par
TALLY destroyed three houses in Oak
land which the witness was building
for James L. Gallagher. McRae said
that no clews had ever been discov-
ored 70 the nerDetratOr of the outrage.