The San Francisco call., 1909-05-26
LUTHER BROWN
TAKES REFUGE
IN HIS FRIGHT
Offers Statutory Excuse to
Evade Answering Heney's
Pointed Questions
Another Former Detective for
Calhoun Tells of Employment
by William Abbott
Bv w. RUSSELL COLE

rutber Brown. who took the witness
stand in the Calhoun trial Monday
se,arnoon stoutIy maintaining at the
o,,tset of his examination that he was
emnloved by the defendant solely as
an attorney and not as detective
broke down yesterday afternoon un-
der the severe grilling of Assistant
District Attorney Heney and refused
10 testify on the ground that his testi-
monV might tend to incriminate him.
SET
browns complete surrender oc-
.nrred after he had been cornered
dozen times in his testimony and had
been forced into admission after ad-
mission. which put the stamp Oh ap-
----lftv on his pretense OF oelng one
of the legal luminaries OF Calhoul
stan By his own statements ne
nroRed himself TO be merely director
80 T-nfted Railroads sleuths and a
paritcfpant IN most of the plots that
were hstched to suppress evidence ana
defeat justice
RIDES BEHIND RIGHT
-Four times in answer 10 questions
e.r matters and the. theft of reports
fronn the Office Of Special Agent Burns
Brown took refuge in his statutory
right to protect himself Once again
he refused to testify concerning con-
versstion with Patrick Calhoun on the
ground that it was a privileged com
munication made TO him as an attor-
nev for the defendant. Then, thor
ouehly discredited, he was allowed by
Henev to leave the witness stand
The sensational completion OF
Browns testimony came after the
noon recess. following a flaying at
Heney's hands which occupied the en-
tire morning session OF court. Every
detail of Browns activities in the de-
tective work of the United Railroads
was sought into by Heney and the rec
ord was sprinkled with the names OF
the various men who at one time or
another were in Browns employ The
climax was reached when Heney be-
gan firing pointed questions regarding
Browns knowledge OF the theft of
jury reports and other papers from
Burns Office.
The witness advitted that ne knew
Jerry Won Wormer. who was impli-
Gated in the theft of official documents.
but declared that Won Wormer was not
in his employ. He failed TO reconcile
the last statement with an admission
q minute later that he paid money to
Won Wormer out Of his personal funds
ma not as an agent OF the United
Railroads As to Al Mckinley. an
Dther OF those involved in the theft
Dcandal, the witness said he would not
know him If he should walk into the
courtroom.
Did YOU ever receive any papers
from Mr Burns Officer demanded
Teney.
Il think I'll put in an objection my
,elf" asserted Brown after a formal
Injection interposed by Calhouns at
iorneys had been overruled. In this
natter OF reports I was one of the
men arrested and charged with COM
plicity in a theft and I am now await
ing my preliminary examination on
that charge. which ] have so far de-
msnded without result Under the cir
cumstances don't think 1 should be
questioned on the subject This is
not the time or place for me to put in
my defense"
What is the charge against your
asked Judge Lawlor.
1T is grand larceny. your honor
answered Brown. and the Won Wormer
mentioned is one Of those implicated
in the charge"
DO you decline to testify?v asked
the court.
4 do responded Brown.
The objection to the question is then
sustained" announced Judge Lawlor.
MEETS BURNS MAN
Heney turned TO another subject OF
inquiry and asked Brown if he had
ever met John G. Lawlor. one Of Burns
assistants. in Fruitvale. and If such
meeting had been by appointment.
Brown admitted that an appointment
had been made for such a meeting. the
arrangements having been perfected.
he said, by Banjo Eyed Kid" Lorent-
zen over the telephone.
Did you meet Lawlor?" inquired
Heney
There was an objection to the aues-
tion. which Beney answered with the
declaration that he intended to show
that the meeting had taken place and
that the witness had offered Lawior 2
bribe to betraY to him the secrets of
Burns department Of the district at
torney's Office.
Brown refused TO testify and Heney
turned him over to Stanley Moore.
The latter asked two questions and Sc
cured answers to the effect that neither
Calhoun nor any OF his attorneys had
any knowledge, so far as the witness
knew, OF the plot to kidnap former
Supervisor Thomas Lonergan or of the
existence OF such a person as Jerry Won
Wormer. Heney called attention to the
fact that such testimony was merely
surmise and then took up the thread
OF examination once more.
Did you report to Patrick Calhoun
at any time any matters connected
with these prosecutions other than
those you have mentioned?7 he asked
i probably did, responded the wit
ness
Did you draw any money from the