The San Francisco call., 1909-04-23
SHARP CLASHES
MARK SESSIONS
OF GRAFT TRIAL
Calhoun Lawyers Rebuked by
Court for Objectionable
Tactics Employed
uallagher Unshaken by Cruel
ing Cross Examination
Throughout Day
By w. Russell Cole


James i. Gallagher's description of
his meeting with Rudolph Spreckels
within the Preside reservation at the
dme the subject Of immunity for the
members of the boodmng board of su-
pervisors was hrst discussed was the
. feature of yesterdays proceedings in
the Calhoun trial. The story Of this
conference has been told many times
before, but never in the detail with
which it was recited yesterday.
A. A Moore. who began the cross
examination Of Gallagher Tuesday
morning, was the inquisitor It was
not the only subject he touched upon.
but it was the one in connection with
. which more new testimony was intro
'duced than any other. The defense
o has avowedly based its case up to the
present time on an attempt to discredit
the testimony Of Ferd P. Nicholas and
James L. Gallagher the two star wit
.nesses Of the prosecution, and the ex-
animation relating to the Preside con-
ference was but an incident of this at
tack.
MOoRE'S TACTICS DISCREDITABLE
Moore gained little by his assault
upon the witness beyond the oppor-
tunlty 10 air some Of his personal views
and direct several Siurs and nasty in
situations at Rudolph Spreckels and
every one else connected with the
prosecution Of the graft cases He
. made no open charges Of any kind. but
, lac attempted by innuendo to leave i'm
pressions which would prejudice the
jury against the attorneys for the state
and those who have been behind them
in the fight against municipal corrUp-
tion.
When YOU went into the Presidio TO
meet Rudolph Spreckels did il not oc-
cur 10 you that you had chosen govern
ment property instead of property un-
der the ordinary Jurisdiction of the state
if you went there to compound a fell
:. ony2" he demanded.
Time after time objections were in
= terposed by Assistant District Attorneys
.Heney and O'Gara to the methods en-
plQyed by Moore in his examination, and
Throughout the day there was a contin-
s ual round Of pickering between the
members of counsel. Noore's COM
IN ents sspon the testimony of the wit
ness 8 IT was received were tantalizing
and often approached gratuitous in
Suits directed 10 his opponents. Con-
stant objections resulted and Moore
was several times reprmanded by the
court Tor employing the tactics to
which lie :resorted.
~ IN effort was made TO show that
the meeting. within the Presidio gates
=. vas conducted with. the secrecy of a
criminal conference and that there
were more than legitimate reasons
"wly Rudolph Spreckels did not wish
to have: it become known that he had
been in communication with the chair
-1naIE Of the then board OF supervisors
Gala CHER denied that Spreckels had
abeen hidden in the brush as Moore
suggested. aud told how he had waited
inside the First avenue gate OF the
reservation and had walked up and
down fhe public road with Spreckeis
IS they talked.
MEETING WAS OPEN
Amy one might have seen US. said
Gallagher. If they. had been inter
ested In our movements and had paid
ang attention TO the affair. The meet
ing was arranged through Mr.. Owens.
the attorney who represented me and
several other members Of the board
and was held at the Preside in order
- that we might; have a secluded place
ia which TO talk
Why. did you. select the Presidio ."
asked Moore arbitrarily. Was it any
more secluded than the Panhandle or
portions Of Golden Gate park might
have been2'
1t took Gallagher 70 minutes to ex-
plain that the Preside had been chosen
-ofhand and that there was no speeia I
reason why It should have been select
Cd in preference to any other quiet
place. Gallagher was forced to go
into al the details Of the converse
tion he had with Spreckels. and after
telling IT all once was taken over the
same ground backward and in criss-
cross fashion several times.
Did Rudolph Spreckels tell you in
the course OF that conversation that
he had been engag ged in the promotion
OF civic righteousness all his life and
that he and Heney were engaged in
this work for the love of God. as it
Were?" Queried Moore. sarcastically.
after covering ali legitimate grounds
Of inquiry on his extended examina-
tioRs
DENOUNCEs MOORE's METHODS
i don't think this sort of thing
should. be permitted" Heney interrupt
ed. II don't think any case In which
the proposition is being tried of
whether man is above the law should
be made the subject of this sort of
1evity and this sort Of buffoonery. The
sole. purpose OF il is to try to cast
Tfdicule upon these proceedings and
TO cast discredit upon the gentlemen
who have tried 10 save this city from
the corruption which everybody knows
was rampant in it,
Judge LaWlor responded quickly to
HeneXs interjection. declaring that no
member of counsel had any right TO
Snsect such foreign matter into the
. proceedings nor to turn his examina-
fion of witness TO ulterior ends.
John J. Barrett, the Schmitz attor-
ney now allied with Calhoun's staff,
was drawn openly into the verbal
slxirmishing for the first time since
he has been connected with the case.
O'Gara objected TO the fact that A A.
Moore was reading to the witness only
portions of certain answers in the
franscripts. to which he referred in an
effort 10 tangle Gallagher. and Barrett
at once grew angry over the discios
IRE He took exception TO. O'Gara' s
interruption and went so far as to de-
clare that O'Gara had purposely inter
rtpted. 20 ruin the effect of damaging
admissions" and that the matter to
which he had objected was enough to
settle the whole question of whether
Gallagher was telling the truth "
e,'Cara pointed out that portions Of the
record had been carefully avoided by