Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-11
PROSECUTION IN
CALHOUN'S TRIAL
CONCLUDES CASE
PEOPLES SIDE OF SUIT SUB
MITTED TO JURY
VOUCHERS SHOWING PAYMENTS
TO FORD DEMANDED
Court Rules United Railroads Must
Produce Any and All Records
of Money Paid for ALI
legged Graft
1Rx Associated Press.1

Railroads. was completed today, with
a reservation permitting the introduce
ton of testimony for half an hour TO-
morrow If the prosecution decides that
this slight margin of evidence is essen
tial. !
In every other respect, as announced
! by Assistant District Attorney trdilCls
| / Henev. the case of the state, Whlcn
was onened April IS. is submitted, and
the attorneys for the defense VIII pc
called on to decide whether or not the
trial is TO be prolonged by the ottef OF
testimony in Mr.. Calhoun's behalf.
No representative of the defense
could be induced to make any state
ment tonight relative to the course 10
be pursued. In any event, 1t is re-
garded as more than probable that the
| arguments to the jury viii De COM
menced by Monday at the latest
| Today's session of court was devoted
! largely to an argument involving an
order to produce certain books ana
vouchers of the United Railroads, which
| Mr.. Heney contended should show the
disposition made of fund of $Zoo,Voo
| received by TREY L. Ford through the
United States mint in 1906, and which
| is alleged to have been paid as a bride
| to Abraham Ruef, Eugene e. Schmitz
and the members of the board of su-
| pervisors that awarded the overhead
| trolley permit.
Verbal Battle Is Warm
| Mr. Heney was opposed to Alexander
| S. King and A. A. More of the defense,
! and at times the verbal battle waxed
warm and irritating personalities We're
| included in the statements of the
speakers. At the end of the debate
| Judge William P. Lawlor made an or
der requiring the United Railroads TO
produce any and all records of pay
ments to TREY L. Ford during a period
/ fully covering the alleged payments 10
supervisors. Mr.. Heney then adopted
a new tack by recalling Adam Dahler
cashier of the corporation, and George
| E. Starr, its treasurer, who yesterday
made his first appearance as witness
after a stay of two years beyond the
courts Jurisdiction. The prosecutor
went into every detail of the system of
accounts employed by the United Rail-
roads and finally succeeded in obtain
| ing an admission that no book, Vouch-
er or bank account now in possession of
the witnesses would show the names of
| persons to whom money was paid
! through the legal department controlled
! by Mr.. Ford and William M. Abbott.
| Treasurer Starr again stated that GER
| tain account books of the corporation,
covering a period of the year 1905, had
been taken to New York and never re-
| turned
Mr.. Heney, when asked by the court
to explain his purpose, said:
Says Money Used for Bribery
1T is our intention to prove by mega
tive testimony that the 100000 re-
ceived by TREY L. Ford at the mint
which was never deposited within the
reach of the treasurer or cashier was
never expended for a legitimate pur-
pose or for any purpose except TO
bride Ruef and the supervisors
Assistant District Attorney Heney
opened the proceedings today with
prolonged argument in support of his
request for an order directing the
treasurer of the company to produce
any vouchers showing the expenditure
of 5000, 900 which TREY L. Ford, general
counsel of the company, carried away
from the San Francisco mint in 1906.
Heney declared that the foundation
laid warranted the demand for these
papers in order, so he said, that the
people may be enabled to show that
no dollar of this fund ever went into
the hands of the company's treasurer
or cashier, into its bank account or into
any of its private safes"
Heney followed his citation of au-
thorities with a vehement appeal to the
court. declaring "this court was Gre
ated for the protection of society and
to guarantee each man and his wife
and his babe the right to go to sleep
at night and believe themselves safe
from the dynamiter. Sanctity of pri-
vacy does not extend to any defendant
the right to steal papers from a dis
trict attorneys Office and lock them up
in a safe whence the law cannot re-
cover them"
Says It Is a Diatrlbe
Alexander King of the defense re-
ferred to Heneys announcement as
diatribe, and the latter replied:
call it a diatribe if you like. 1t is
one of the claims usually made by men
who have acquired contempt for the
law when they have money enough to
escape its penalties. This is the usual
method of men wealthy enough to bride
witnesses to leave the state or to re-
fuse to testify"
THAT statement is false" said King
"And it is wilful misconduct on the
part of the district attorney declared
Stanley Moore.
A. 4. Moore followed Heneys re-
marks by declaring that Heney faced
divided duty, lowing half his aller
glance to the people and the other to
Rudolph Spreckels.'
as a land baron who sought to swoop
down on his weaker neighbors.
First announcement of Heney's cam
didacy for the office of district at
torney was made in the course of Mr..
Moore's address, when he declared the
prosecutors grafton was perhaps in
tended to further his personal ambi-
tions.
Opposing Heneys claims in
lengthy address, King declared the
prosecution had wandered from the
issue of Calhoun's guilt or Innocence
and disputed his authorities.
At the conclusion of the argument,
which extended into the late after
noon, Judge Lawlor ruled that the
prosecution is entitled to production
of the vouchers and other documents
demanded.
It was evident that the prosecution
would not be able to close its case to-
day even before Mr.. Heney inviting
| ly created a mild sensation by saying:
call Mr.. Paudevaris."
1t developed in a few minutes that
the witness i'm question was not Felix
| Paudevaris, the Greek padrone who
disappeared after the dynamitng of
James l.. Gallagher's house in Oak
land, but the brother of the missing
man.
Heney required the witness to admit
| that Peter Claudianes, sentenced to
| life Imprisonment for his part in the
! dynamiting, is his brother-in-law.