Arizona republican., 1909-06-15
O'GARA FIRES FIRST GUN
He Assails. Defense, Attacks Silence of Ford and Closes With an Encomium on Pros ecutor Heney and Rudolph Spreckels.

San Francisco, June 14-Johr O'Gara, assistant prosecutor in the trial of Patrick Calhoun, submitted one half of the argumeEtatiye case against the president of the United railroads today when his address be- fore the jury and a crowded court room was concluded at the end oi the entire court session. An increas- ed police detail regulated admission to the building. Women were given preference over scores of men who vainly sought admission and One- third of the seating capacity was given over to them.
 Until late in the day there was no dramatic incident or interruption to reward the close attention the spec tators gave to O'Gara's dispassiOnate review of the testimony offered dur ing the last two months by scores of witnesses. Calhoun sat at the edge table reserved by the defense, and at his side were Tirey L. Ford, Wm. M Abbott and Thornwen Mullally, three officials jointly indicted with the defendant, all sitting in full view of the jury.
 O'Gara reviewing Ford's connection with Ruef and the bribery of the supervisors in 1906, said: Why did not Ford come here and hold up his right hand and swear that he was not guilty of paying this fund, s2O0,- 900 to Ruef?''
 This is assigned as misconduct on the part of the prosecution" said Stanley Moore, of the defense. He knows Ford has been here and could have been called by his side as a witness
 A spirited argument involving the right of the prosecution to make such a reference ensUed, and Judge Lawlor disregarding repeated pro- tests, directed O'Gara to proceed with his argument.
 Was Ford called?" asked the speaker Why has he not appeared informing this jury that three juries failed to convict him and said l am an innocent man2 Why has he not told of some person other than Ruef, who might come here and tell you that he had received this sum, or any part of it for an innocent pur- pose? If there is such a man the defense should have produced him, not the prosecution, who does not know of him and cannot Ford did not come forward because he could not do so. He would have steeped himself further in crime"
 Another objection was made by Stanley Moore and this time Heney went to the defense of his colleague, saying: We will ask the jury to draw the inference to which the
 
 them to draw another inference as to why the cash book, the journal and ledger as well as the one man who could tell of this transaction, were sent out of the state.
 "Who is it but Ford who comes here to help the defendant with his presence today, but who would not help him with his sworn testimony denying his part in this transaction
 O'Gara reviewed a great portion of the testimony in his last hour, de- claring that neither Ford, Abbott nor any other subordinate to the president could possibly have author ity to expend so large sum with out his authority.
 Defending the individuals whose connection with the prosecution has been made the subject of comment in the trial, Mir O'Gara said: "The very conduct of the defendant and his agents in relation to the prose- cution has indicated the course of the guilty men. No innocent man would undertake to besmirch the charac- ter of their opponents. Infamy and fifth has been thrown on men brave enough to attempt to punish crime But these men of the defense, inn bued with the idea that every man had his price, cannot realize that there are others who might do their duty for its own sake.
 f;"There is not one in the crowd" continued MT. O'Gara. pointing to- ward Calhoun, whether it be the defendant or his attorney, who is fit to wipe the shoes of Francis J. Heney, because Heney is a man, be- cause he cherishes a love for his country and because he is not afraid to do his duty"
 MT. O'Gara paid a brief tribute to the disinterestedness of Rudolph Sprecllles, the financial packer of the graft prosecution and closed with a request that the jury return a yer dict of guilty.
 Alexander King, of Georgia, will open the argument for the defense tomorrow morning.
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