The San Francisco call., 1909-04-21
Testimony of Gallagher Re-
moves Any Possible Doubt
as to Nicholas Evidence
Progress of the Calhoun Trial
Is Marked by Sharp Tits
Among Opposing Counsel
BY W. Russell Cole


corroboration Of sworn testimony is
concerned. James l. Gallagher fol-
lowed Ferd P. Nicholas upon the wit
ness stand yesterday and positively
confirmed the latter's declaration that
an offer OF the $4,000 bribe which he
received for his vote in the trolley
franchise matter was made to him
prior TO the actual payment OF the
money and before the ordinance was
voted upon by the board Of supervisors.
COMBATED BY DEFENSE
This was the point Upon which the
defense oentered its attack Monday in
The cross examination Of Nicholas, and
was the sole feature Of the examina-
tion upon which any particular stress
was laid. No attempt was made 10 con-
trsdict the story Of the actual pay
ment Of the bribe money. but a decided
effort was made 10 impeach that part
Of Nicholas statement relating to the
offer which he received from Gallagher
before the board Of supervisors took
action on the trolley ordinance.
In the first trial OF Louis Glass. Mich
olas testified that he was not positive
whether Gallagher had or had not Of
fered him the bribe money and despite
The fact that on several subsequent
occasions he had declared his recollec-
tion to be better and had sworn that
the actual offer was made Earl Rog-
ers' made much Of the discrepancy and
went so far in his questions as TO in
sinuate that Nicholas had been in
1uced by members Of the prosecution
% change his testimony. Then Heney.
after q fight, got records into evidence
showing that in his first confessions
Nicholas had testified exactly the sarle
as on all other occasions with the sin
gle exception OF the first Glass trial,
when his memory failed him.
ALL DOUBT REMOVED
This practically settled the whole
question, but II any doubt did remain
regarding the point over which the
controversy was raised II was settled
most decidedly yesterday by Gallagher
Gallagher swore that after his talk
with Ruef regarding the trolley ordi-
nance, and in accordance with Ruef's
instructions, he told Nicholas there
would be $4,000 in II for him if he
would vote in favor of the ordinance
and that Nicholas agreed to do it.
So, should the jury that is trying the
present case give attention TO the claim
ricsted his testimony regarding the
offer OF the bribe. it must first decide
that both Nicholas and Gallagher have
deliberately lied. and not only that
they have lied in the present instance,
but on every occasion on which they
have testified. including their first con-
fessions in the Gladstone apartments
and before the grand jury.
GALLAGHER on THE STAND
Nicholas finished his ordeal as a
witness a few minutes before the noon
recess was taken yesterday and Cal
lsgher. who has been the prosecutions
star witness in nearly every graft case
that has been tried. was called to sue
ceed him on the stand. For the tenth
time il open court Gallagher recited
the story OF the corruption existing in
the Ruef-SchmitZ board Of supervisors.
His direct examination has been car
.rie0 through the most important par
ticulars Of the trolley bribery transac-
ton, and the states case practically
rests now at the point where the next
step must be 10 prove the connection
between Patrick Calhoun and Abraham
Ruef Gallagher told Of having first
talked with Ruef concerning the troll
ley bribery and of having later re-
ceived from Ruefs hands the bribe
money which he distributed among the
members OF the board Of supervisors.
ATTORNEYS IN FIERCE STRIFE
The battle that was begun Monday
over the examination OF Nicholas was
resumed with just as much fervor yes
ieroay morning as though there had
been 10 interruption. Heney, who was
well worn out when adjournment was
taken Monday afternoon. was much
Cresher yesterday morning. and all
defendants interests in charge were
gathered about his table and seemingly
snxious 70 take some part in the fray
schmitz's attorney, John J. Barrett
has assumed an important place in the
group about Calhoun's table, and there
was evidence yesterday Of another
,oinder Of interests when A S. New
burgh OF Ruef's staff visited the court
room and received a warm reception at
The hands Of Earl Rogers
Rogers renewed the second cross ex-
animation OF Nicholas with a review of
the relations which existed between
Nicholas and James /. Gallagher at the
time Of the bribery. Rogers resumed
his tactics Of the preceding dav and
precipitated quarrel with Henev he
fore the morning session was more
than half an hour old. lie made sew
ersl sighting references to Nicholas,
Intelligence, which Heney finally re-
sented.
HENEY REBUkEs ROGERS
T object 10 the words and manner
Of counsel" declared the prosecutor
This witness certainly has an average
amount Of Intelligence. but I admir- he
Is not capable OF quibbling and parry
ing for hours against a lawyer Of
trained mentality who has carefulIv
prepared himself for just this thing
and for the ordeal of tangIing IN the
witness. ] make no claim that tho
witness is possessed OF such degree Of
Intelligence that he can avoid all the
pitfalls designedly prepared for him
by a lawyer who is tricky
II am tired OF hearing that word
tricky so often. retorted Rogers
sngriiy and with an appeal to the
court who responded by warning
Heney that the characterization was
Improper.
''Then withdraw the remark ,.
promptly acquiesced Heney
Yes, it's withdrawn" continued
Rogers. but the word remains lust
the same"
lie hesitsted a moment. and then.
turning toward Heneys two body
guards who sit close behind him in
the courtroom. and with threat plain
IS evident in the tone OF his voice. he
continued: