Los Angeles herald., 1909-06-15
O'GARA URGES
CONVICTION OF
PAT CALHOUN
MAKES LOGICAL APPEAL TO
PUNISH MAGNATE
ASSISTANT PROSECUTOR OUT
LINES CASE IN DETAIL
Many Women Crowd Court to Hear
Opening rgument-Accused Of
ficiaIs Sit Together During
Attorneys Talk
tBy Associated Press.)

O'Gara, assistant prosecutor in the
~ trial of Patrick Calhoun, had sub
mitted one-half of the argumentativo
case against the president of the Unit
ed Railroads today when his address be
fore the jury and a crowded court room
was concluded at the end of an entire
court session.
An increased police detail regulated
admission to the building.
Women were given the preference
over scores of men who vainly sought
admission, and one-third of the seating
capacity was given over to them.
Until late in the day there was no
dramatic incident or interruption to re-
ward the close attention spectators gave
to Mr. O'Gara's review of testimony
offered during the last two months by
scores of witnesses.
Mr.. Calhoun sat at the edge of the
table reserved by the defense, and at
his side were 11rey L. Ford, William
M. Abbott and Ihornwell Mutually,
three officials jointly indicted with the
defendant-all sitting in full view of the
jury.
Mr.. OGara, reviewing Mr.. Ford's al
legged connection with Abraham Ruef
and the bribery of the supervisors in
1906. said
'sWhy did not TREY L. Ford come here
and hold up his right hand and swear
that he was not guilty of paying this
fund OF 100000 to Ruef?'
"This is assigned as misconduct on
the part of the prosecution" said stan
lev Moore of the defense. HE knows
that Mr.. Ford has been here and could
have been called by his side as wit
ness"
A spirited argument involving the
right of the prosecution to make such
a reference ensued, and Judge William
p. Lawlor, disregarding repeated pro-
tests, directed Mr.. O'Gara to proceed
with his argument.
was Ford called?" asked the speak
er. ''Why has he not appeared, inform
ing this Jury that three juries failed to
convict him and said, I am an inno-
cent man?'
"Why has he not told OF some person
other than Ruef who might come here
and tell you that he had received this
sum, or any part of it, for an innocent
purpose?
IF there is such man the defense
should have produced him, not the
prosecution. who does not know of MIN
and cannot.
MIR. Ford did not come forward be-
cause he could not do so. He would
have stepped himself further in crime. =
Another objection was made by Stan
lev Moore, and this time Assistant Dis
trict Attorney Francis j. Heney went
to the defense of his colleague, saying:
1--WE will ask the jury to draw the
Inference to which the defense objects
lust as we will ask them to draw an
other inference as to why the cash
book. journal and ledger, as well as
the one man who could tell OF this
transaction, were sent out of the state.
"Who is it but Tirey L. Ford, who
comes here to help the defendant with
his presence today, but who would noI
help him with his sworn testimony de-
nying his part in this transaction?"
Reviews Testimony
Mr.. OGara reviewed a great portion
of the testimony in his last hour, de-
claring that neither Ford, Abbott nor
any other subordinate to the president
could possibly have authority to expend
SO large a sum without his authority.
Defending the individuals whose con-
nection with the prosecution has been
made the subject Of comment in the
trial, Mr. OGara said:
1.-THE very conduct of the defendant
and his agents in relation to the prose-
cution has indicated the course OF
guilty men. No innocent man would
undertake to besmirch the character OF
their opponents.
"Infamy and filth has been thrown
on men brave enough to attempt to
punish crime. But these men of the
defense, imbued with the idea that
every man had his price, cannot realize
that there are others who might do
their duty for its own sake.
Not Fit to Wipe Shoes
"There is not one of that crowd
continued Mr.. OGara, pointing toward
Mr.. Calhoun, whether 1t be the de-
fendant or his attorney. who is fit to
wipe the shoes of Francis j. Heney,
because Heney is a man, because he
cherishes a love for his country and
because he is not afraid to do his
duty"
Mr.. O'Gara paid brief tribute to the
disinterestedness of, Rudolph Spreck-
els, financial backer of the graft pros
ecution, and closed with request that
the jury return a verdict of guilty
Alexander King of Georgia will open
the argument for the defense tomorrow
ff,o