Arizona republican., 1909-07-09
LAWLOR WILL BE JUDGE
He Himself Joined in Affi-
 davits of the Prosecution That He Was Free From Bias and Got Red at De- fense's Imputation.

San Francisco, July s.-Patrick Calhoun, president of the United Rail- roads of this city, will go to trial on Monday July 19, for the second time this year on charges of having offer ed bribe to a supervisor to influ- ence his vote on the overhead trolley franchise, granted in 1906. He will be tried before Superior Judge Will liam P. Lawlor, who today decided the motion for a change of venue asked by the defendant on the ground that the court was biased and prejudiced, against him.
 The setting of the time and place of trial followed sharp tilt between Assistant District Attorney John OGara and J. J. Barrett, counsel for alleging bias, filed by the defendant 8 attorney, Judge Lawlor, O'Hara and William Otis, one of Heney's body guards, today filed counter affi- davits denying the allegations.
 After four hours of consultations, Calhoun's attorneys asked more time to prepare affidavits, in reply, but this was denied>-, ,4 90 .sr
 Barrett then asked the court to allow any other judge in the state to pass on the fitness of Judge Lawlor to sit in the case He said the filing of the affidavit by Judge Lawlor pre- cluded the possibility of his dealing fairly with the motion. Your honor has made sworn statement that you are not biased" he said. How then can we expect or hope to convince you that you are? How can you ne gate that statement should we so convince you?
 Without waste of words, LaWlor de- nied the request and asked counsel to proceed to motion for 0 change of venue Barrett again declared that he deemed it hopeless to secure any thing but denial in the circumstances and submitted the matter without argument, O'Gara following suit. Lawlor read the provision of the code goverining the case and announced that the motion was denied.
 When will counsel be willing to proceed with the trial?" he asked Barrett again took the floor and in long speech, presenting the hard ships under which the defendant had labored during the months consumed in the former trial, asked that the case be postponed until after the coming municipal election when Heney, the assistant district attor- ney, directing the prosecution of graft cases, has announced his intention of seeking the office of district attorney.
 Turning toward O'Gara, Barrett de- nounced the desire of the prosecu- ton to press the Calhoun case at this time as a corrupt" political move. the only design of which was to aid the candidacy of Heney. He said that the same matters of evi- dence were presented in the Cal hOun case as had been brought for ward in the three trials of Tirey L. Ford. general counsel of the com pany, and he characterized the press ing of this matter to its fifth triar' as unheard of in this state if not in. the country OGara hOtly resent ed the statement that the cases were similar.
 After exchange of angry words with Moore, O'Gara said the defense was naturally anxious to postpone the case until after election as Calhoun with his great fortune" hoped to place in office a district attorney who would let the graft cases drop.
 The argument wrought the attor- neys to a high pitch of excitement and their voices rang through the al most deserted room with all the fer vor of an address to a jury. At one stage Moore interrupted Judge Law Tor, to designate a statement by the court that he believed these cases should be pressed to a verdict as an example of the bias alleged by the defense Lawlor grew red and moved about in his chair, but he did not raise his voice as he warned the attorney that his remarks bordered on contempt.
 "The court has ruled on the ques- ton of bias," he said. and for the purposes of this case the court Is to be considered without bias"
 Lawlor then announced that the case would go to trial on Monday July 12. After short discussion with Barrett. the date was made July 19, as Stanley Moore and Earl Rogers. counsel for the defense, were out or the state. This was done with the agreement of O'Gara.