Los Angeles herald., 1909-04-22
JUDGE WARNS
ATTORNEYS IN
CALHOUN CASE
MOORE AND HENEY CONTINUE
TO QUARREL
GALLAGHER REPEATS STORY OF
ALLEGED 5RIBE
Entire Day Consumed by Testimony
of Chief Witness of Prosecution.
Court Threatens Punish
ment for Contempt
IRx Associated Press. ]


C AN FRANCISCO, April 21.-After
- vigorous and searching cross-ex-
~ animation. prolonged the entire
day. James l.. Gallagher, chief witness
OF the prosecution in the case Nagainst
Patrick Calhoun, was still engaged IN
a battle of wits with A. A. Moore, chlei
counsel for the defendant, who was at
lacking Gallagher's account of the pay
ment of a $4,000 bribe to F. P. Nicholas,
the former supervisor, alleged TO nave
been offered a bribe by the president o.
the United Railroads.
series of quarrels between Mr.
Moore and Mr.. Honey of the prosecu-
tion made the session a turbulent one
and Judge Lawlor repeatedly warned
the warning attorneys that they would
be nunished for contempt If they dlu
not refrain from personalities.
Mr.. Moores entire examination was
intended to show that Gallagher, IN the
twelve times he had previously reclted
this story of the supervisors corrup-
tion. had never mentioned an occasion
upon which he had made the direct
offer of a bribe to Nicholas.
Moore Excuses Levity
"In Justice to yourself said Mr.
Moore on one occasion, tell the jury
what Is meant by the statement given
in this previous examination, Wheh you
declared that you had never spoken 10
the other supervisors on this SUBJECT
yourself"
fHa
"and the manner or the punctuation.
do you mean that change in the
punctuation would take the curse OH
that statement?" demanded Mr.. Moore.
mo, L don't know of anything tnat
would take the curse otf, repneo me
witness with an unusuai oispiay u
feeling. "It has sunk too deeply.
"You bet it hast" exclaimed the SEN
;or Moore. who, then addressing himself
to the witness, said:
Excuse my levity. did not mean
to be offensive"
"I assure you, Mr.. Moore, that see
mo occasion for levity in this exam
nation" said Gallagher.
Heney Defends Himself
IT was lust after this that Mr. Moore
and Mr.. Heney engaged In one Oh their
exchanges. s ,,+.
the declaration of the Witpess on ac-
count of your naked, unruffled prow'
said Mr.. Moore. -,
"I am neither pleased nor dis
pleased," said Mr. Heney, rising to his
feet. ''but I am here to protect the
rights of the people of the state, for
whom l have the greatest respect, but
for whom you, Mr.. Moore, seem TO
have nothing but contempt"
"You are here as a volunteer min
lister of justice, l apprehend, said MT.
Moore.
of my city, Offering my poor services
for what they are WORTH retorted
Mr.. Heney, "and l am here without
payment of dollar for my services.
You received $4,000 from one
source" interjected L. F. Byington OF
the defense.
Judge Intervenes
at supposed that your expenses were
met by Mr. Spreckels,' said Moore at
the same instant.
You may put me on the stand anu
try to prove anything you like" de-
clared the prosecutor.
Judge Lawlor intervened and Mr..
Heney appealed to him to prevent what
he termed the provocations of Mr..
Moore The latter was sternly admon-
ished by the court and proceeded to
ascertain Mr.. Gallagher's views as an
attorney regarding the validity of the
immunity contract given him on be-
half of himself and the other members
of the board.
The witness declared that his con-
struction of supreme court decisions
was the basis of his belief that the
contract could not be revoked by the
prosecution as long as the former SUI
pervisors continued to tell the truth
regarding the briberies.
"The immunity contract calls on no
member of the board to do more than
tell the truth" he said. IF they had
revoked the agreement / would have
invoked the aid of the courts and l felt
that the injustice of such a course
would not have been upheld"
Mr. Heney here took angry excep-
ton to another remark by Mr. Moore
and Judge Lawlor attempting to head
off an approaching storm, said
Heney Denies Excitement
Don't get excited. Mr.. Heney."
at am not excited" said the attor-
ney for the state, '"but Mr.. Moore ap-
pears incorrigible, and If there is no
way to stop him except by my going
to Jail, will go to jail"
AFTER you, Mr.. Heney,"' said Mr..
Moore. "let me go to jail first"
of that Sort interrupted Judge Law
lor sharply, land your request may be
granted
Before the hour Of adjournment Mr..
Moore had again fallen under Judge
Lawlors displeasure, and on this oc-
casion he apologized, promising not to
transgress the orders of the court,
though he had to restrain himself to
the simplest of questions.
At the close of the day Gallagher
was asked:
"Will you feel fourself bound to re-
member some other supervisor to whom
you made a direct offer of a bribe If
another official of the United Rail-
roads Is placed on trial? Do you not
think the prosecution would be likely
to do things to you If your memory
should fail in this respect?"
II do not believe anything would be
done to me- said Gallgher, mot If
they believed 1 was telling the truth
as l remember 1t. 1t might be awk-