The San Francisco call., 1909-04-16
Prosecution Plans to Show Connection Between
Calhoun and Supervisors Bribery
Without Calling Abe Ruef
Hints of Startling New Evidence in Connection
With Corruption Charges Made by
Assistant District Attorney
Opening Statement Marks Actual Beginning OF
! Great Graft Trial After Thirteen
Weeks of Jury Getting
BY w. Russell Cole

y w. Russell Cole
president of the United
at last actually on trial on the charge
bribe of $4,000 to former Supervisor
cholas. The seemingly interminable
nelment is finally at an end; testimony
incorporated in the record; the battle
,nly with verdict on the question of
tilt or innocence has begun in earnest.
in the trial swelled forcib1y to the sur
Id Judge Lawlor's courtroom in Car
akened to thrill which has gradually
waned during the IS weeks of Jury
seeking. The first guns were fred by
both sides, the first real clash between
the attorneys was fought and the first
important witness began his recital of
the corrupt history of the Schmitz-
Ruef board of supervisors and the ac-
tivities of the corporations which de-
bauched its members.
Heney's Opening Statement
With the trial thus shaping itself
the deepest interest of the proceed
ings yesterday centered about Assist
ant District Attorney Heney's open
ing statement to the jury. Heney not
only outlined the case of the prosecu-
ton in detail. but he dropped hints
which amounted to promises of SEN
sational bits of testimony to be
brought out for the first time. 1t is
certainty that several witnesses will
be called who have never figured in
any OF the preceding graft cases, and
it is equally as we'll assured that there
will be many surprises sprung before
the trial reaches its climax.
Heney's opening statement was not
equivocal. yet at the same time the
prosecuting attorney carefully avoided
an exposure of the method of attack
to be adopted by the states attor-
neys. He told the story of the trolley
bribery in straightforward narrative,
but he left open many questions con-
cerning the method that is to be pur-
sued in piling up proof of the charge
against the defendant One thing he
did make plain, however, was that un-
less there is radical change from the
present plans Abe Ruef will not be
called by the prosecution as witness.
Ruef's Name Mentioned
Since discussion of the trial has be-
come the daily pastime of all those
directly connected with the case there
has been a persistent rumor that the
convicted boss, already found guilty
of the bribery for which Calhoun is
now on trial, would be called as a
states witness to tell how the trolley
Doodle fund which he distributed
among the supervisors came into his
hands Ruef is in jail and has been but
seldom heard from since the sentence
of IA years Imprisonment was passed
upon him. Most naturally his name
was brought into all the discussions
relative to the line of testimony to be
introduced by the prosecution, and
then the rumor gained body that he
had at last been made TO see the wis
dom of breaking silence and would be
Unexpectedly sprung as the states star
witness.
Heney did not deny this in so many
words yesterday. but by negative
statement he practically declared that
the prosecution had no intention of
relying upon Ruef in any way to es-
tablish its case against Calhoun. If
the star boarder at the county Jail
does appear at any stage of the trial
his presence in the case will be the
result of a policy yet to be determined
upon In the course OF his opening
statement Heney said:
Outlines States Case
'We expect to prove, not by the
direct testimony of Abe Ruef, but by
circumstantial evidence, that Patrick
Calhoun authorized Ruef, either per-
4 sonally or through TREY l.. Ford, or
both. to pay a bribe to Ferd P. Nicho-
B las and the other members Of the Gal
llagher board OF supervisors.
Il Calhoun listened intentiy to Heney's
statement. which occupied the nrst
hour and half OF the afternoon ses-
sion of court. while grouped around