Los Angeles herald., 1909-03-31
OFFSHOOTS OF
CALHOUN CASE
ARE NUMEROUS
TRIAL ENLIVENED BY MANY
DRAMATIC EVENTS
sALooNKEEPER SENTENCED FOR
CONTEMPT OF COURT
is Imprisoned for Five Days for Ask.
Ing Juror If He Would Hang
President of United
Railroads
EBy Associated Press.l

| ~ AN FRANCISCO, March 30.-Found
~ guilty of having improperly ad-
~ dressed Charles K. Blender, ju-
ror in the case of Patrick Calnouh'
William ID. Harrington, proprietor Oh
saloon, was sentenced today 10 serve
tennpt of that department of the su-
rerior court in which the trial is In
progress. .o,
porarily passed during three weeks OF
effort. and one of those subject TO re-
moval from the box when the attor-
news assemble tomorrow to exercise the
second installment of peremptory chal-
lenges. ao,,o =.
Al the same hour, in another depart
roent. evidence will be submitted TO
proye that Assistant District AttorneS
FRANK T. Hanley and officers WORKING
under his direction violated an order OF
the court by persisting in a search OIL
the offices of the United RaiiruauS' .,,,
Tn addition. 1t is probable that VIII
liam M. Abbott, Luther Brown. James
M Handlon and six other defendants,
arrested at the instance OF DetectlVe
w + Burns, will be arraigned upon
charges of having received stolen pa
pers, and of grand larceny
Denies the Accusation
The contempt proceedings were IN
stituted early in the day Wnen Hars
rington, after listening to recital oI
blenders statement, wherein the juror
identified the saloon man ana repea.eo
the remark imputed to hlm' LOOK Ilis
stand In his own behalf and oenleo
over having. seen Blender before.
Harrington's wife and Fred p. Dono-
van a bar tender in his employ, cor
roborated his statement to the eHect
that he was at home at the time Blend
er Is said to have visited his place last
Saturday h,a
asked the juror II ne Wouiu VV'o ~
hang Calhoun"
Notwithstanding the numerical pre-
ponderance of testimony, Judge Law
ior adjudged Harrington guilty.
"The court has come to the conclusion
that the respondent gave utterance 70
the statements described, salo JuoSe
I,awlor. .'but while it first occurred 10
me that the remark might have been
made Inadvertently, / have no right TO
assume that fact and l have learned
FROM experience that too much care
cannot he exercised by those having IN
custody the courts and their operations.
Opinions of Court
"The remark may have been mace
unguardedly or to serve an uiterlor
purpose, but do not find II necessary,
in view of its grave character ana tne
fact that it was. calculated to elicit a
reply, to decide whether or not tne
respondent was or was not ahlIhate1
nv anv purpose serving base end.
"It was wholly indefensible and the
matter is one in which the attitude OF
the court toward such Offenders Will
not seem uncertain.
Judge Lawlor thereupon proceeded to
infiict the sentence.
Harrington's offense, according to
Blender, consisted in asking the juror
if he intended to hang Calhoun.
The saloon man, who was represented
by an attorney for the Liquor Dealers
association, requested two days In
which tn settle his affairs, but was
given until noon tomorrow.
Judge Lawlor. in closing the case, In
timated that the testimony given by
Harrington might be profitably investi-
gated by the district attorneys ONCE
with view to further prosecution on
another charge.
In the proceedings before Judge
Frank Murasky, the attorneys sue
ceeded in disposing of but one phase
of the Injunction case at today's ses-
sion. Assistant District Attorney Han
ley, opposing affidavits introduced by
the United Railroads attorneys, argued
and declared that legal service of the
corporations Office had never been
made upon him, nor upon the police
men and others who conducted the
search.
Decision Is Reserved
Judge Murasky, was unable to deter
mine the point upon the evidence at
hand and reserved his decision until
tomorrow, when he will permit the at
torneys for the corporation to intro
duce evidence in support OF the al
legation that Mr.. Hanley acted In con-
tempt of court.
1t is probable that the underlying
issue. involving the validity OF the
search warrants upon which the raids
were based, will likewise be submitted.
William Corbin, one of the alleged
go-betWeens who was arrested Satur-
da-- night on a charge of grand lar
ceny in connection with the alleged
theft Of papers from the district attor-
ney's office for the use of the defense
of Patrick Calhoun, indicted president
of the United Railroads, was In Judge
Deasy's court today for arraignment.
His case was continued until tomor-
row. when he and the eight other men
who were arrested at the same time
will be given an opportunity to plead
to charges of grand larceny and re-
ceiving stolen property.
COrDln sat IOF an @nOuI III Tie piiSOii-
ers' dock waiting for his case to be
called. After the continuance was or
6ered he was led from the room back
to the city prison and handcuffed to
man convicted of petty larceny.
The habeas corpus proceedings
brought by j. Van Wormser, one of the
men accused of dealing in documents
from the office of the district attorney,
were dismissed today by Judge Van
Nostrand
Now Out on Bail
Attorney Peery for the defendant,
stated that the writ was sought only
for the purpose of having his client
charged with definite offense, which
has been done. Van Wormser is out on
$25O0 bail.
In order to lessen the possibility of a
mistrial in the case of Patrick Calhoun,
which may require another sixty days to
complete, F. j. Heney, who is conducting
the prosecution, will make application
to the court Tor permission to qualify
thirteenth juror, who shall sit with his
colleagues as they hear the evidence.
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