The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-29
CALHOUN BALKS
AT THOUGHT OF
ANOTHER TRIAL
Declares He Has Been Winds
Gated Anyhow and Should
Not Face Jury Again
Charges Heney Was Drawing
Pay From the Government
and Rudolph SpreckeIs

Patrick Calhoun's attorneys touched
the two extremes yesterday morning
"a Judge Iawlors court. where proceed
lngs looking to the beginning of a new
trial were on the calendar. The first
announced the Willingness of their
client TO go to trial again. and then
Immediately turned their attention to
the filing of the first OF a series Of
duatory motions intended to prevent or
at least postpone a trial as long as
possible.
The motion put before the court was
one asking permission to take the
charges against Calhoun back to their
preliminary stages and begin three
years Of legal lighting all over again.
The motion was that Calhoun be al
lowed to withdraw his plea of not
guilty TO the indictment on which the
prosecution has announced its intention
Of trying him next, and to substitute
another motion to set aside this and all
other indictments against him.
The ground Of this request was the
discussion during the last stages of
the recent trial-the allegation that
Francis J. Heney was drawing a salary
from the federal government at the
time he was appointed an assistant dis
trict attorney and at all times since.
and that therefore any proceedings in
which he had any part were null and
void.
LAWBOR AFFIDAVITS NOT READY
The affidavits in support Of the at
tack made upon Judge Lawlor in an
endeavor TO disqualify him from pre-
siding over another trial were not in
PRODUCED. Attorney Stanley Moore
stated that they had not been COM
pleted. and the court granted his re-
quest for an extension Of time and
put this matter over for hearing until
Wednesday morning. The motion filed
yesterday was also taken under advise
ment until that time for the court S
determination.
The motion made in Calhoun's behalf
was supported by a long affidavit re-
citing all the charges and allegations
made against Heney during the trial
and the closing addresses Of the de-
PENDANTS attorneys. 1t was not read
in open court, but Attorney Alex c.
king stated briefly the ground on which
it was based. Assistant District At
torney O'Gara objected to the making
Of the motion as entirely unWarranted
owing to the stage to which the cases
have progressed.
Briefly, the substance of the long
affidavit is that at the time the indict-
ments were returned against Calhoun,
and when Heney was actually appear
ing in the grand jury room, he was.
contrary to the state constitution,
drawing a salary from the government
as an assistant to the attorney general
of the United States, and was also in
the employ and pay of Rudolph Spreck-
els and was Spreckels' personal repre-
sentative before the grand jury. The
affidavit alleges that these matters
came TO the knowledge of the defend
ant since the beginning Of the recent
trial and that the right should, there
fore. be accorded to make them the
basis of a motion to set aside the in
sdictments pending against the defend
ant.
lIcENERNEY'S NAME APPEARS
The papers fled in connection with
this motion yesterday morning con-
sained the signature of Garrett w Nc
Enerney as attorney for the defendant.
His was the first name in the list,
which included CalhOuns other attor-
neys Of record. 1t is the first time in
any Ofsthe graft proceedings that Nc
Enerney's name has been openly used
in such a manner, although it has al
ways been known that he was the real
commanding officer Of the legal forces
Of the defense.
Two documents were submitted, set
ting forth that Heney had received in
all SCOOPS from the government and
f2l260.93 from Rudolph Spreckels for
Office expenses The latter amount, it
was claimed, was fee.
NOT ANXIOUS FOR TRIAL
Following the fling of this affidavit
Stanley Moore reverted to discussion
of the matter of another trial The
defendant desired to go ahead, he said.
but there was a stout string attached
40 this desire. Moreover, he made it
plain that Calhoun is no longer anxious
TO "vindicate his honor if a trial is
necessary TO such vindication
"rhis is as good a time as any TO
come to an understanding with respect
TO another trial." began Moore $50
far as the trial we have been demand
ing is concerned. we have had that
trial. We think that this trial, as well
as the three Ford trials, has demon
strated that there is not and can not
he any case against any official of the
United Railroads. OF the men who have
served on these four iuries, six out OF
seven have been for acquittal. and we
are satisfied with that result, or largely
so. We do not propose to allow the
prosecution to pledge this community
TO the harassment of another trial.
which would be a travesty, inasmuch
as it is known in advance that there
is no case and can be no case against
this defendant.
we VIII not allow this prosecution
10 bring about another trial under the
guise of saying that they are trying
TO stop the defendants mouth from
clamoring for another trial He has
already had a trial But IL the prose-
cution is ready to go forward with an
other trial, this defendant viii be will
ing to 60 forward as WE'LL
Assistant District Attorney O'Gara
objected that Moore's statement was
not based on any motion before the
court and declined to answer it. Judge
Lawlor lat over all proceedings until
Wednesday morning. The remaining
graft cases on Judge Lawlor's calen-
dar were continued until August 9.
YARD MASTER OUIZZED
BEFORE COMMISSIONERS