The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-05-14
TESTIMONY FOR
STATE ROUSES
LAWYERS IRE
United Railroads Presidents
Helper Censured by Counsel
for His Testimony
CalhOun's Defenders Score Wit
ness During Recess for ADJ
missions While Testifying

president or the United Railroads. in
CURED the displeasure OF his asso-
ciates yesterday because OF his testi-
mony in the Calhoun trial, and was
roundly scored by the attorneys for
the defense during the recess. Mutually
was voluble and acrimonious on the
stand. but he made admissions that in
censed his colleagues. It was his
settlement in regard to Treasurer
George starr Of the company that
caused the trouble.
Starr is the man who can tell what
became Of the 100000 that has been
traced TO the Offices OF the United Rail
roads and thence to the supervisors
As treasurer OF the company. ne kept
account or All receipts and disburse-
'.lents When the grand jury began
TO return indictments two years ago.
starr was rushed 10 New York and he
hasn't been allowed 10 come back. All
The efforts Of the prosecution to bring
ltim to san Francisco as a witness have
peen blocked by the defense. Here
tofore no member Of the defense has
admitted more than that Starr had
gone east on business"
NILLALLY GIVEN CENSURE
Mutually. under Heney's examination.
admitted that starr was in New York
ro- the United Railroads and that he
Lad been there for two years. The
next moment the witness confessed
that he had seen starr in the offices
of Patrick Calhoun in New York.
va
taken. Calhouns attorneys took ad-
Nsntage OF the opportunity to censure
Mutually for his admissions. The Wit
ness took the stand after the recess
with "a greatly sUbdued spirit.
Mutually and Richard Cornelius former
president Of the carmep's union. gave
Tic bulk OF the testimony yesterday.
From start 10 finish of MS entire eN-
aminati3n Mutually lost no opportunity
10 display his malice coward members
90 the prosecution. and particularly to-
ward Assistant District Attorney HeneT.
IRON tho outset OF his direct eXamina-
ton ~ seized every opportunity TO
make speeches Instead Of answering
direct questions with direct responses
he turlle.i into side issues and aired his
views on = variety Of matters
COURT WARNS WITNESS
For time MuIiaiiy was allowed to
ran free with his answers. but finally
. cara who was questioning him in the
beginning. made an effort TO hold him
within the ordinary bounds permitted
q witness. In spite Of several warnings
from the court Mutually persisted in his
diva cations. until Heney called a halt
with 4 sharp rebuke based on one of
the witness preliminary statements
shat he was a practicing attorney in
New York city before becoming Cal
, GUNS assistant.
O'Gars had asked Mutually if he had
any knowledge of the payment of any
money 10 anybody TO secure the over
head trolley franchise for the United
Railroads.
Il did not" answered the witness,
and moreover 1 don't believe any was
paid"
SPEECHES STRICKEN OUT
Didn't you say you were a practic-
ing attorney" asked Heney after
O'Gara had objected TO the answer and
had il stricken out.
Il was before taking my present po-
sition. said Mutually.
Then don't you know that you have
no right to volunteer such statements
as this last one and such as you have
been constantly INDUCING in2"
Mr.. Heney, I'd think you should be
the witness.
we will get at the truth all right"
was the response, but the question is
whether you don't know better than to
volunteer statements2'
My rights haven't been regarded here
by you" was the surly answer.
Yes they have" began Heney, but
Judge Lawlor interrupted the reply and
Instructed the witness TO confine him
self to direct answers. On number
OF occasions following this the court
warned Mutually and several of his
speeches were interrupted and stricken
from the record.
MULLALLY CONTRADICTs CLERK
Mutually directly. contradicted the
testimony of Charles Hagerty, Abe
Ruefs clerk. who told Of a visit made
by Ford and Mutually 10 Ruefs tenn
porsry offices in Pine street immedi-
stely after the fire, and Of their being
A closeted with the boss in the bathroom
(which Ruef used for a private office.
Mutually declared positively that he
had never made such d visit with Ford
and had never al any time had a con-
ference with Ruef in a bathroom
Mutually told at length Of his own
activities after the fire as chairman
Of the transporta ton committee OF the
committee Of fifty and of his efforts
sible. He took a fling at Rudolph
Spreckels, declaring that after the cars
had first been started he was ordered
BY Spreckels to quit running them.
MULLALLY ADMITS ERROR
Didn't. that order come from the
light and power committee, OF which
Mr.. Spreckels was chairman asked
Heney.
4 got II from Mr.. Spreckels person
ally" was the answer.
A few minutes later the defense it.
self introduced a report made by Null
Tally to the committee of fifty cover
ing the work Of his subcommittee up
10 May /. 1906 In that report, which
Mutually testified he had prepared him
self be stated that the order for cars
10 stop running was given by the COM
mfttee Of which Spreckels was chair
man Then he was forced to admit
that the reasons assigned were that
there wSs too much danger OF fire at
the time the cars were first started
that soldiers were still patrolling the
streets, and that no lights were al
lowed in any houses. He admitted, also,
that Spreckels told him that the en-
-