Los Angeles herald., 1909-05-13
SPRECKELS TO
BE WITNESS IN
CALHOUN CASE
NEW FEATURES ENLIVEN TRIAL
AT SAN FRANCISCO
FORMER MAYOR PHELAN GIVES
IMPORTANT DATA
Tells Why He Aided Prosecution at
Inception of Graft cases-His-
tory of Affairs Carefully
Reviewed
tBy Associated Press.J


CNAN FRANCISCO, May 12-With the
@- entrance of the trial of Patrick
~ Calhoun upon the fifth month of
it's progress today, much matter new to
the bribery-graft investigation was
presented during the lengthy and eX-
haustive examination of James u
Phelan, first called to the stand yester-
day, and whose interrogation occupied
the entire session today.
From statements made by Assistant
District Attorney Heney during pro
ceedings today, it is learned that Ru-
dolph Spreckels, one of the most proml-
nent figures in the prosecution, Will pc
called to the stand tomorrow or Fri
day, and that other business men VINO
have been concerned in the matter
since it's inception, will follow him.
The examination of Mr.. Phelan has
to do with reasons and motives tnat
actuated him in assisting the inception
of the prosecution; inquiry into his
acts as mayor of the city during his
three consecutive terms in office; into
all the controversies over the trolley
matter prior to the fire of 1906; INTO
his connection with the Valley Railroad
in the San Joaquin valley; into his re-
lations with Rudolph Spreckels at va
rious times and into many other mat
ters distantly related to the present
trial, though tending to Indicate his
state of mind throughout the whole OF
these transactions.
Intention of Defense
Much of this was brought up by the
defense in cross examination, the in
tention apparently being to show that
the witness was not lmpelied py uh-
selfish motives assigned to him 5y the
Prosecution in his opposition TO the
trolley franchise
On redirect examination, Mr.. Heney
endeavored to remove the impression
thus created.
Mr.. Phelan was excused at the close
of the day with a provision by the
defense that he might be recalled II
they so desired.
Mr.. Phelan, on the stand today, re-
counted controversies over the type OF
electric system to be installed IN the
business portion of the city, in which
the Adornment association and MS,
Calhoun were involved.
A letter dated March 20, 1906, ad-
dressed to the association ana slgneu
by Mr.. Calhoun, was introduced inns
document declared that because OF the
gross fnaccuracy of an account of these
negotiations published by morning
newspaper, the writer, felt impelled 10
make public the actual position of the
company.
The letter set forth an alleged propo-
sition made to the company by the
members of the associ--ton by Whlch
the street railway corporation agreed
. to leave to the people the questions as
to whether all lines of the company
should be equipped with overhead
wires or whether Market street and a
part of Sutter street should pfoVlue
underground eondults.
Would Donate Park
1t was further stated in the letter
that the company had agreed TO DO
nate to the park panhandle extension
hn cost
the overhead system be desired.
"Mr Phelan, did this proposition
mentioned in this letter come from
committee?" asked Mr. Heney.
"It did not That letter was the
first knowledge we had of it,.
"Did you have anything to say to
the offer to donate to the panhandle
project prior to the receipt of this let
ter?"
.Yes: 1 told Mr.. Calhoun, when he
first spoke of 1t, that we could not
consider 1t.
introduced in which Mr.. Calhoun with
drew the offer, because of threatened
legal steps against his company.
''Did you have knowledge of such
steps having been taken?' asked Mr..
Heney
II did not" declared the witness.
Mr.. Heney then brought out that Mr..
Phelan in 1906 became one of the in
corporators of a street railway COM
pany in San Francisco associated with
Claus Spreckels, Rudolph Spreckels,
George Whittell and Charles S.
Wheeler.
At this point the articles of incor-
poration of the Municipal Steel Rail
ways company of San Francisco, filed
on April II, 1906, the day before the
earthquake, were introduced in evil
~ dence and read.
Heney Seeks Reason
Mr.. Heney sought to inquire into the
reason for capitalizing the company at
S14OOO,O0O to which the defense OBJ
jeeted.
thrown down." said Mr.. Heney to coun-
sci for Mr.. Calhoun. you have been
insinuating all through this trial mali
cious motives on the part of certain
men. Now we propose to open it UP
and let you go as far as you like, but
you are not willing to do it,
The court sustained the objection,
and, following another question or two,
the witness was surrendered for cross
examination.
Thornwen Mutually. assistant to the
president of the United Railroads. un-
der indictment also for bribery, APP
peared in court today for the first time
since the trial began. Among other
spectators were Gertrude Atherton the
author, and Nat c. Goodwin. the actor
Earl Rogers, in cross examination,
brought. out the fact that Thornwell
Mutually was not present at the meet
ings in May, 1905, as stated by the wit
ness on direct examination yesterday,
not having come to the city in fact un-1
til 1906. Rogers also recalled to Mr.,
Phelan's mind that the later meetings
in November were held in the Rialto
building and not in the Call building.
His Bump Deficient
81 haven't a good bump as to loca-
ton" said Mr.. Phelan.
what means has been taken as to-
refresh your memory?" asked the as
sistant district attorney.
"Profounder thought" said the for
mer mayor
"Will you say your bump of iden-
(Contin.ed Page Fivel