The Morning examiner. [volume] (Ogden, Utah) 1904-1910, 1909-06-20
CALHOUN JURY FAIL TOREACH
VERDICT IN TWELVE HOURS
Fate of Millionaire President of San Francisco Street
Railway System Will Be Known at Noon
TOday-.Five Months Trial Ends

sessions. In this respect. the cas-,
1 ontStripped every record established
in the case Of Abraham Ruef. whC
was convicted after 76 days devote,
10 actual court proceedings
a thirteenth juror. Michael Murphy
was added to the regular panel o
twelve by order Of Judge Lawlor. Will
the expectation that his services NIGH
be required by emergency Three
months and two days were necessary
/ to qualify the thirteen jurors OF the
2310 citizens, summoned by the sheriff
1928 were actually subjected to in
terrogation by the attorneys in the
case.
Peremptory challenges were first ex
ercised on March 9, and since that
date, six members of the jury have
been custody OF court ballIff. re.
siding at the St Francis hotel Four
other members of tho panel have
been separated from their families and
business affairs since March 81. and
the others since April IA, when the
thirteenth juror was qualified.
Tho typewritten record Of the case
amounted to 100000 words, when the
jury was completed. Judge, attor-
neys and witnesses have added an
other million and three-quaIterS to the
bulky transcript since that lime. max
ing total OF 1850 900 words
The cost of the trial, including the
maintenance of jurors, a special po-
lice detail, transcript. and the usual
expenses of the court for so great a
period, can only be conjectured but
IL is estimated that 1t will exceed
$4,000
When the morning session opened
Heney, VINO had spoken fifteen hours
at the end OF last nights session, re
sumed the final stage Of his argument
His voice was hoarse, and he spoke
rapidly, apparently in an effort TO
make the most oil his allowance Of
ninety minutes.
Mr.. Heney made direct charges OF
witness-fixing and perjury against sew
eral officers or employees of the United
Railroads The speaker charged that
James l.. Gallagher's home in Oakland
had been dynamited by agents OF the
defense and at the end Of this sub.
ject. said:
ANpn lIldN IA n AloOTc Ol Inb 0C-
fense has assured me that the de.
fendant and his associates wish me
long life. | shall take added precau-
tions Tor my own protection, and make
certain as | can that I snail not be
shot In the back or dynamited In my
bed. The evidence here shows that
1t is often possible 10 prepare a de-
Tense In advance, and l don't over
look warnings Of this sort"
Mr. Heney brought his argument
to a close three minutes ahead cf the
allotted time. A moment before, he
was engaged in a review of tae tcsti-
mony of a supervisor Judge Lawlor
reminded him that the remaining mo-
ments were few. and Mr.. Heney.
throwing aside quantity OF notes
Yet unreferred TO. said:
Gentlemen; | thank YOU for YOUR
attention. | leave this case in your
hands. confident and expectant that
San Francisco Will have no cause 10
question the good faith of your YER
dict, whatever II may be, and the
state Office OF California will learn
from your conduct that YOU do not
have 10 bring before a jury the men
who saw briber pass the money, to
secure a conviction. and that any
amount of circums,antial evidence will
not be treated as insufficient, when n
wealthy man is on trial. although a
Coffcy, for instance-can
be convicted in few minutes"
After a recess of five minutes. the
doors were locked and the Judge be-
gan his instructions to the jury.
Patrick Calhoun was one of the
score OF wealthy corporation officials
indicted as an outcome OF the mu-
nicipa upheaval OF 1907, when the
administration dominated by Mayor
Eugene f Schmitz and Abraham Ruef
was oyerthrown. In November 1905.
Francis ]. Honey. already we'll known
as a public prosecutor. charged In
public address that Rucf and Schmitz
were guilty of corruption and with
w. j. Burns. formerly a government
secret service agent, undertook an
investigation of privileges awarded
several public service corporations
Ruef and Schmitz were indicted on
charges Of extorting money from
French restaurant proprictors in No
yembcr. 1906, after Ruef had failed in
an effort to seize the district attor-
ney's office through his own appoint
ment by the board of supervisors
Tho graft investigation. az 1t came
TO be known. was conducted secretly
for several months following. but In
the early part of March. 1907. Burns
in trapping Supervisors
F. Lonergan. Edward Walsh
and Charles F. Boxton in the act OF
accepting money from Golden NJ. Roy,
a skating rink proprietor who was
acting In the interests Of the prosecu
ton. Within week eighteen super
YIsors had confessed their acceptance
OF monoy from six different sources
IT was subsequently announced that
the supervisors had been promised i'm
for their testimony against
the men charged with Offering the
brIbes.
The Oliver grand jury. cmpanelcd
under the direction Of Mr., Heney In
October. 1906, heard the confessions
OF the supervisors on March 10. 1907
and during period of as hours re-
turned over 200 indictments against
various persona charged with com
pllclty In the briberies.
Mr.. Calhoun together with Abraham
Ruef and three subordinate officials
of tho United Railroads was indicted
en- fourteen counts. three OF which
were returned by later grand jury Ii