The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-07-01


the plea Of not guilty in order to
take all the graft cases pending
against the trolley magnate back to
the preliminary stages of technical
pickering for a second time, Calhoun's
attorneys yesterday began their at
tack upon Judge William P. LawIor
IN an attempt TO disqualify him from
presiding over another trial.
Proceedings yesterday in relation to
the Calhoun case were brief but very
much 10 the point Judge Lawlor,
without any waste of words, denied the
motion asking permission for the de-
fendsnt to withdraw his plea of not
guilty and substitute in its place a
motion TO have all the indictments
against him set aside.
AFFIDAVITS CHARGE PREJUDICE
Following the sweeping aside of this
FIRST effort to delay progress toward an
other trial Calhoun's attorneys fled a
new motion asking for an order trans
ferring the remaining cases against the
defendant TO some other department of
the superior court The allegation of
bias and prejudice directed at Judge
Lawlor was backed by eight or nine
tfndavfts, Of which the defendants
alone consisted Of nearly 20 legal cap
pages OF typewriter matter. Judge
LaWlor ordered the bundle fled and put
further consideration of the case over
until next Thursday, allowing that time
Tor the district attorneys office TO pre-
pare and file. answering af1idavits.
As in the case Of the motion filed
Monday the one submitted yesterday
Was signed by Garret ". McEnerney as
leading member Of CaIhoun's counsel
',2lhoun's affidavit was practically a
summing up of all the charges and at
tacks that have been directed by the
graft defense at the court and every
one connected with the prosecution
since the first indictments against
higher ups were returned by the Oliver
grs nd jury
The attack, however, was directed al
Judge Lawlor, who was accused of be-
ing not only unfair to the defense in
his conduct Of the recent trial, but also
OF being an active and enthusiastic
prOponent OF the graft prosecution.
Calhoun prefaced his view of his per-
sonal wrongs with the statement that
group Of men composed the graft
prosecution, which was intended pri-
marily 10 bring about his ruin and that
this group included Francis J. Heney.
William II. Langdon, William ]. Burns,
Rudolph Spreckels. James. d. Phelan,
Fremont Older, Judge William F. Law
Tor and Judge Frank II. Dunno The
ahiant declared that throughout his
trial Judge Lawlors attitude toward
him was extremely unfair and that the
courts conduct was ~contemptuous, dis
courteous and insulting"
PETTY TRICKS ARE CHARGED
Calhoun gave a detailed description
from his own point Of view of scores
Of Incidents which occurred during the
trial. He charged that the court con-
suited with Heney about the conduct of
the prosecutions case and did every
thing possible TO secure a conviction.
He declared that Judge Lawlor showed
open favoritism TO Heney and descended
10 petty tricks, such as rafting papers
10 disconcert members of the defend
ants counsel and destroy the effect of
their arguments and conduct of the
case.
In substance the other affidavits filed
in conjunction with that of Calhoun
were similar in their charges. John J.
Jarrett Earl Rogers, Alexander c.
lIins and Lewis F. Byington of the de-
fendsnt's counsel were among the sign
ers u the papers
~ AtAl0AiA-E a4lAUdNAAS were signed
~ n ". Mclean, Alexander NJ. Berge-
yin and Charles W. Nelson. Bergevin,
who lives at the Fairmont hotel, de-
claret he had seen Judge Lawlor enter
tie hotel on several occasions and in
ouire for Fremont Older and that he
knew Them to be very friendly.
Mclean and Nelson asserted that dur
ing tie recent trial Heney and Judge
Isawio- often remained for consider
able time in Carpenters hall after all
Other persons had left. Nelson added
= statement that one Saturday morn
ing. while the trial was in progress he
saw Heney's automobile standing in the
aHey in the rear Of the court building
with William Otis. one OF Heneys body
guards. on guard at the door, and that
OTIS refused to allow him to enter the