Los Angeles herald., 1909-07-09
CALHOUN MUST
FACE BRIBERY
CHARGES AGAIN
JUDGE LAWLOR REFUSES TO
ALLOW CHANGE OF VENUE
OF BIAS CAUSES
COURT TO BECOME ANGRY
Case VIII Be Begun for Second Time
Against Railway Magnate July
19, Although 1t Has Been
Set for July IL
1Rr Assoclnted Press.O

(By Associated IItss)
.N AN FRANCISCO, July 8.-Patrick
n Calhoun. president of the United
~ Railroads of San Francisco, Will
go on trial Monday, July ~, Ior 'ne
second time this year on charges OIL
having offered a bribe to a supervisor
to influence his vote on the oNerhedu
trolley franchise granted in 1906.
He will be tried before Superior Judge
William p Lawlor. who today denleu
the motion for a change of venue askeu
by the defendant on the ground that
the court was biased and preJudlced
against him.
The setting of the time and place OF
trial followed a sharp tilt between AS
sistant District Attorney John O'Gara
and j. J. Barrett and a. a. Moore OF
counsel for Calhoun.
In answer to atfidavits alleging bias,
filed by the defendants attorneys, Judge
Lawlor. OGara and William Otis, one
of Francis j. Heney's bodyguards, to-
day filed counter affidavits denying the
allegations.
After four hours of consultation, Cal
houn's attorneys asked more time to
prepare affidavits in reply, but this was
denied.
Barrett then asked the court to allow
any other judge in the state to pass on
the fitness of Judge LaWlor to sit IN
the case. He said the filing of the
affidavit by Judge Lawlor precluded the
possibility of his dealing fairly with
the motion.
Judge Called to Account
Your honor has made a sworn state
ment that you are not biased" he said.
"How then can we expect or hope to
convince you that you are? How can
you negate that statement should we
so convince you%
Without waste of words Judge Law
lor denied the request and asked coun-
sci to proceed to the motion for a
change of venue.
Barrett again declared that he
deemed it hopeless to secure anything
but a denial under the circumstances
and submitted the matter without ar
gument, O'Gara following suit.
Judge Lawlor read from the provi-
sions of the code governing the case
and announced that the motion was
denied.
when will counsel be willing to
proceed with the trial?" he asked.
Barrett again took the floor and in a
long speech, presenting the hardships
under which the defendant had labored
during the months consumed by the
former trial, asked that the case be
postponed until after the coming mu-
tine assistant district attorney, direct
ing the prosecution of the graft cases,
has announced his intention of seeking
the office of district attorney.
Denounces Prosecution
Turning toward O'Gara, Barrett de-
nounced the desire of the prosecution
to press the Calhoun case at this time
as a corrupt" political move, the only
design of which was to aid the candi-
dacy of Heney.
He said that the same matters of
evidence were presented in the CAL
houn case as had been brought for
ward in the three trials of Tirey l..
Ford, general counsel of the company
and characterized the pressing OF this
matter to its fifth trial. as ''unheard
of in this state, if not in the coun-
try"
O'Gara hotly resented the statement
that the cases were similar. After a
hot exchange of words with A. A.
Moore, O'Gara said the defense was
naturally anxious to postpone the case
until after election, as Calhoun, with
his great fortune" hoped to place in
office at that election a district attor-
ney who would let the graft cases
drop.
Tie argument wrought the attorneys
to a high pitch of excitement and their
voices rang through the almost DESERT
ed room with all the fervor of an ad-
dress to the jury.
At one stage, Moore interrupted
Judge Lawlor to assign statement by
the court that he believed these cases
should be pressed to verdict" as an
example of the bias alleged by the de-
fense.
Judge Lawlor grew red and moved
about in mis- chair, but he did not raise
his voice as he warned the attorney
that his remarks bordered on con-
tempt.
"The court has ruled on the question
Of bias" he said, "and for the pur-
poses of this court is to be considered
to be without bias"
Judge Lawlor then announced that
the case would go to trial Monday,
July r. After a short conference Bar
rett asked that the date be made July
10, as Stanley Moore and Earl Rogers
of counsel for the defense were out of
the state. This was done with the
agreement of O'Gara.
Heney viii Attend Case
SEATTLE, July S.-When Francis j.
Heney was shown the dispatch relative
to the date of the Calhoun trial he
said: 81 shall go back to San Fran
cisco and participate In the trial 1
81