The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-18

down with evidence every possible de-
Tense that he can make. Some of these
defenses were developed during the ex-
animation of jurors. One of them was
that he was held up. and you heard
thousands OF your fellow citizens come
into this jury box and state that they
had the opinion that he was held up.
that they could not give fair trial in
so far as the people are concerned for
that reason, and yet you heard his
counsel, Mr.. A. A. Moore, declare, in the
most emphatic form yesterday after
noon, Patrick Calhoun was not held
up"
Aye, that is what 1 have said from
not held up. There is one thing at least
that Mr.. A. A. Moore and myself agree
on, and he has foreclosed any gentle
man on this jury from making any such
argument when you retire for delibera
ton.
If you attempt to exercise the duty
of the court and show mercy, because
IL he was held up that is no excuse le-
gally for this crime. but If you attempt
it, you are doing it in the face of the
deliberate, emphatic assurance from his
attorney, Mr.. A. A. Moore, that he was
not held up. But why did you get that
assurance?
THAT DEFENSE BROKEN
Because that is ope of the defenses
that l anticipated and absolutely broke
7
room for the claim that he was held up
Even IL Mr.. Patrick Calhoun was gem
tleman of a shrinking nature, mild,
easily frightened, instead of what he is,
a man of lion courage, ready to face
any emergency--he defied Mr.. Rudolph
Spreckels. Mr.. James u. Phelan and
other gentlemen OF large means, and
stood on his rights, and he never per-
him up for any 5000, 900.
If the millionaires who were opposed
TO his scheme could not brighten him,
1t is preposterous to think that Abe
Ruef, after the fire, after the fire mark
you, could brighten him. Why?/ They
have told you themselves that after the
IRE the conditions were such, the people
wanted transportation so unanimously.
that, as | said in my opening argument,
all Mr.. Calhoun had TO do was TO go up
/ to the committee of so meeting and
say: Gentlemen, it is difficult to raise
the money; we need the overhead troll
/ ley for the entire term of our existing
franchises; II We don't get il, I can not
| say when we can have these cars run
ming And what would have been the
result? Why, all the Supervisors were
for ii already; they would have voted
! for IT; they told you so, and Mr. Moore
believes that statement of theirs, with
out any money. So there was no reason
on earth why Patrick Calhoun could not
/ have gone up there and said that, but
there is the "but'-there was a little
curly headed fellow around his town
who had great preventive power, and
I that little curly headed fellow might
have said to Jim Gallagher. Don't let
this permit go through" And Jim Gal
! lagher and the other members Of the
board might have refused to let it go
through.
WOULD HAVE TRIED 1T
But, gentlemen. If 1t were you, don't
you think you would have at least tried
| 1t? Don't you think you would have
hled an application for the permit. and
see what the people had to say about
1t? Don't you think you would have
/ MED a permit and tried to find out by
going down to the board of supervisors
openly and aboveboard how the mem
bers stood on the matter? Don't you
/ think you would have given the news
papers an opportunity to find out what
/ the public pulse was on the subject ?
| Don't you know that II you were hon
est If you We're not buying that board
that is what you would have done?
Held up OF course he wasn't held
! up. The only ones held up were the
people of San Francisco, and / will
show you how, and | will show you the
extent of IT before l finish, and the ex-
tent of 1t is absolutely appalling I
will show you before finish that out of
the testimony from the lips of their
own officials, Mr.. WilIcut and Mr.. DahIer
that this $4,000 or $4,000 that they
pay year for lighting is not a white
chip, not white chip up in Goldfield.
where the ceiling is the limit ! don't
want any of you to think / ever PLAYED :
merely have been. in mining camps.
IT would not do for reformer, you
know, to have done anything Of that
sort He must have long hair never
take a drink, and never have been fool
ish otherwise, and according to that
definition / will never be reformer
Now, / want to say TO YOU thai This
attempt to turn the tables and try us
instead of trying Mr.. Patrick Calhoun
is not new. 1t is frequently done
a xsta
older lawyer to the younger lawyer
you all remember having heard how.it
! it chestnut-when he sked him TO try
case, the old lawyer said: when
| ever you are strong on the law and
weak on the facts, argue the law to
/ the court or the jury, and Whenever
you are strong on the facts, but weak
on the law, argue the facts to the court
or the jury" Yes" said the Young
/ fellow. but what will / do when I
am weak on both?" why, abuse the
other side" said the experienced at
1t is all right to employ Soldier
Helms in May, 1907, to investigate
jurors for the defendant, but 1t is all
wrong IL the district attorney found
out that was being done and Mr. Burns
thereupon for the first time sent men
out TO ind out what was being done
and TO get the necessary information
upon which to base the five peremptory
challenges, which are all that are al
lowed the people in the enforcement
/ or the law, for the protection of So
ciety. although the defendant has
double that number: that is all wrong;
| they should be permitted TO stack a
jury, and the prosecution should NOT
/ be heard to murmur
And / willingly share in the .on
probrium" which may be cast uoon that
small band of men who undertook back
in the fail of 1906 to free our beloved
| city from the curse that was put upon
IT by that administration corrupt as n
/ was. with Schmitz at its head Ruef n
its political boss and the public service
corporations as it's hackers.
REFERS TO DANIEL WEBSTER
Heney interrupted himself to read an
excerpt from speech made by Daniel
| webster in which he was charged
while prosecuting a famous criminal
| trial in Massachusetts, with the very
manner of things which have been
hurled at every one connected with
the local prosecutions The speaker
read Webster's defense to these slurs
and his answer to the attempt to cast
opprobrium upon him. and continued:
And ! willingly. share in the OPP