Arizona republican., 1909-06-16
THE DEFENSE
 HAS INNINGS In Representative Stage Of
 Calhoun Case 4 REVIEW OF EVIDENCE
But More Time Is Devoted to a Roast of the District At torney's Office Under the Management of Prosecutor Heney.

San Francisco. Cal. June 15.-The analysis of testimony and the review of evidence came to an end today when A. A Moore. senior counsel for Pat rick Calhoun, inaugurated the latter half of the argument upon the charge of bribery. Alexander King of Atlanta devoted nearly five hours to dispas- sionate survey of the case from the standpoint of the defendant and con- cluded in time to give MT. Moore two hours from his introduction
 Standing squarely in front of Assist ant District Attorney Heney and John OGara- Moore turned to look at them when his remarks, tinged with sar- casm and bitterness, were first direct ed to the payment of the chief prose- cutOr's office expenses by Spreckels, and then to extracts from O'Gara' s address of yesterday. Seats in the court room were at a premium and as the number of spectators increased through favor or relaxed vigilance on the part of the police guard at the doors. the atmosphere within the great room was dense and stifling.
 Mir Moore opened with a declara- tion that the defendant had answered that he was ready on forty occasions following the returp@ef seven indict- ments against him si1s 4BO7, and he had once been refused a hearing because, as be said, "The hired prosecutor who works for fame, or glory, or money, or all, had chosen to let James L. Gala gher, his chief witness, leave the state
 After a review of the jury system, Mir. Moore said:
 This defendant stands, bold. confi- dent and upright, willing to take his rights and anxious to have them. I was sorry to note in O'Gara's dis course the tendency of the prosecu- tion to claim that the rich are op- pressing the poor, that the streets are stolen and bribery committed. and that you should therefore convict this de- fendant. It was unworthy and the poorest jockeying. And when he turn ed to us and said, No one of that crowd is fit to rub the shoes of Heney, it made my gorge rise.
 Tt was something no prosecutor should have said. The poorest boot black in San Francisco is well quali- fled to rub Heney's shoes, or his head, if necessary. Any case that has to depend on matter so insulting to any man. so servile and so indecent Tn its reference. is q rotten and bogus case, that needs must fill the avenues of this city with gum shoe men. and pis- toi men and hatchet men, such as those who sit behind Heney.
 "The time was when this would not have happened in a court of justice; when there was no such indication of hate or maleyolence against a defend ant; when the defendant could even intrUst his case to the prosecutor. who, perhaps, lived on the modest stipend of his office.
 "The time was, too, when the district attorney did not snarl or indulge in raucous roaring; did not fix a dead line over which no man might step and live; did not enter the court with a retinue of gun men and did not tell his opponent that he would get what was coming to him"
 Referring to O'Gara's discourse, Moore said he would not waste the jury's time by devoting more than fif- teen, minutes to it. His brilliant fits of abstraction and his flashes of si- lence were the best parts of his ad- dress he said.
 This is the first time in history that a prosecuting attorney has been appointed to office by a person with property interests at stake and has served without pay to prosecute an- other citizen The evidence shows that he and his partners received f$62.000 from this patron and that Henky indi- vidually received S23,000 in two years for office expenses. if you like-but s29.O0O is s2S.000 Unfortunately. if honorably, more humble members of the profession pay their own office expenses. have no right to say that MT. Cobb or MT Dwyer divvied with him. but if I had been in his place l should have thought it a gracious act on their part"
 MT. Moore is expected to consume tomorrow's session of the court and will be followed by, Mir. Heney. The case probably will be submitted to the jury on Friday