The San Francisco call., 1909-03-30
JUDGE BALkS
TROLLEY CHIEFS
LAWYERS PLAN
Attempt to Have Peace Officers
Cited for Contempt of
Court Fails
Attorneys for Calhoun Become
Insulting When Scheme
Is FOiled

search Of the Emitted Railroads Offices
was returnable yesterday afternoon at
o'clock
A. A Moore accompanied by Lewis
Byington OF CaEhoun's counsel, W. II.
AIetson and = A. Mckenzie, also at
torneys. arrived in court shortly after
. O'Clock. The room was already
crowded with sleuhs and other en-
ployes of the railroad.
Case Is Called
The court directed the clerk to call
the case Of the United Railroads, VS..
Burns. Cook and others Moore i'm
mediately arose and announced that
the railroad was ready. None of the
defendants was in court but Assistant
District Attorney Harrison appeared a
short time later.
II have been informed. your honor.
said Harrison. that there is an action
pending against employees Of the dis
rrfct attorneys office. VIII say, how
ever. that we have not been served
with any papers in the supposed action,
and ] appear here at this time only out
of courtesy 10 the court.
Moore immediately commenced an ap-
peal TO the court 10 have all Of the
defendants cited Tor contempt. assert
ing that his SON had served the writ
on Assistant District Attorney Hanley
and Detective Sergeant Mulcahey. who
was in charge OF the search
Mr. Moore" said the judge. "the
court has no knowledge that the writ
was served, and it viii be necessary
Tor YOU 10 make a proper return on il.
The district attorneys Office denies the
service"
MOORE ADDRESSES COURT
Moore launched into an eloquent ap-
peal pictUring how the offices had been
opened. safes cracked and papers ex-
amined. He deplored the wholesale
destruction OF property and the in
fringement OF rights Of American citI-
zens. He concluded by asserting that
The search would not have been allowed
in Russia He wanted the defendants
cited for contempt without the intro
duction Of any evidence or proper re-
turn OF service. and did not want to go
into the merits of the complaint on
which tie restraining order was
granted
Metson added 10 Noore's argument by
asserting that the defendants had been
properly served with the writ and COM
plsint and pleaded 10 have the court
cite them at-once for contempt. He ap-
peared in the name Of the principle for
which the American colonies had
fought Great Britain
You are evidently confused in re-
gard TO this matter. Mr. Metson," was
the quiet comment OF the court. There
has been no return on the writ. and the
district attorneys office denies that
they have been served II VIII be
necessary for you to prove the service.
viii continue the matter until to-
morrow morning at 10 o'clock
PROPER SERVICE DENIED
Moore made the statement that he
would prove the service immediately
Assistant District Attorney Hanley had
arrived in court by this time and Moore
attempted to cross examine him. Ig-
noring Moore, Hanley addressed the
court, saying that he had not been
properly served with the papers in the
> Balboa building Sunday night. and that
no proper service had been had on the
officers conducting the search.
Judge Murasky instructed Moore TO
make a proper return or produce evi-
dence Of service.
Chagrined at the turn affairs had
taken. Moore attempted again to ques-
tion Hsnley in regard 10 service.
Your honor" said Hsnley, If he
wants to. prove service let him make
his statements under OATH
We'll. if / can't believe a mans
statements without his being under
oath. wouldn't believe him under
oath" said Moore.
Nobody would believe you under
oath" retOrted Hanley.
You're dirty. lying dog" was the
manner in which Calhoun's senior coun-
sel replied.
The court quickly took hand before
HanIey could reply and cautioned both
attorneys. Hanley insisted that he was
within his rights, but the matter was
smoothed over.
Moore was again directed by the
court 20 produce what evidence he
could TO prove service of the writ.
This was not in accordance with the
wishes of Calhoun's retinue. and Moore
again resorted TO the insulting methods
which had made his presence in the
Balboa building offensive on Sunday
and IN court yesterday.
CONTINUANCE is GRANTED
He referred to Hanley as this man. /"
and did not relish the retort which was
made In kind. The court again called
the attention Of the railroad attorneys
10 the fact that they were in error in
attempting 10 have defendants cited for
contempt when they had not proved
service Of the writ.
Although Moore had protested
throughout the session that he was
ready and willing TO prove the service.
ne asked for a continuance until this
morning and ii was granted by the
court
we have not been properly served
with any papers in this matter" said
Hanley last night. and only appeared
sn court today out OF courtesy to the
Judge"
II served properly with the papers it
is the intention of the district attor-
neys office TO obey the order and the
matter viii then be taken up on its
merits. which viii undoubtedly lead to
the recitation in court OF the fact that
1853 Of the reports stolen by the bribed
men who have confessed were found in
fhe safe Of William NJ. Abbott. chief
counsel for the United Railroads.