Los Angeles herald., 1909-06-19
.I1ENEY ALLEGES
MUCH EVIDENCE
WAS FABRICATED
PROSECUTOR SCORES AGENTS
OF UNITED RAILROADS
SURGEON ACCUSED OF ATTEMPT
TO INFLUENCE JURY
Judge Orders Night Session, and Case
Against President Calhoun viii
Be Closed at Noon
Today
cBy Associated Press)

CBy Associated Press)
I G AN FRANCISCO, June 1S-Makins
~ no concession to physical fatigue
! ~ or strain, Assistant District At
/ torney Heney, after twelve hours of
argument devoted to the presentation
of his case against President Patrick
Calhoun of the United Railroads, re-
fused to curtail his discourse tonight
and made necessary the first night ses-
sion of the record breaking trial
! There was every reason to believe
! that the case would go to the Jury
! tonight, until Judge Lawlor made di-
rect inquiry as to the time the prose-
| cutor still required in which to bring
| his speech to a close.
Mr.. Heney refused to be restricted
/ He asked for aonther hour to deter
| mine his power of endurance, and when
/ judge, jury and spectators We're
wearied he had to be reminded that his
privilege had expired.
/ Speaking from his seat in the jury
box, one of the men imprisoned since
! last March expressed his willingness TO
stay all night and hear the final word
| of argument. Another juror-an older
man suggested to the court that Mr.
/ Heney be given the additional hour he
| asked
/ lie court NJ III GAJttl dl uitlEiil ~
| be completed at 10: 30 o'clock tomorrow
morning" said Judge Lawlor, after or
dering the night session, and unless
! there is an unexpected disagreement
| between court and counsel the jury
| will be given the case almost at the
hour of noon tomorrow.
Society Women in Line
AS the end of the trial draws near
| there is expressed in gathering crowds
the public interest that has attended
every important issue of the graft
! prosecution during the last three years.
Men prominent in civic affairs and
women whose places in society have
previously given them undisputed en-
trance to every function Of whatever
kind stood in line for hours outside
Carpenters hall today, hearing Mr.. He
neys voice, but unable to distinguish
his words.
Packed in a narrow space beyond
the last tier of seats, spectators who
deemed themselves privileged stood
through the final four hours of the
argument, and beyond these were 9TH
crs who stood ON tptoe in the lobby
and craned their necks to catch d
glimpse of the speaker 100 feet away.
Policemen and agents of the district
attorneys office, in uniform and in
plain clothes, guarded the entrance to
the building, regulated the incoming
stream of spectators, or sat in watch
| ful attitude near the inner rail, where
! Mr.. Heney paced back and forth as
his argument proceeded.
Editors, clergymen and the foremost
| adherents of prosecution and defense
surrounded the tables of the attorneys.
Patrick Calhoun gave his undivided
| attention TO Mr.. Heney's address, and
his attorneys, interrupting the speaker
with a dozen objections to his accu-
sations or differences, furnished him
with several subjects for impromptu
rejoinders.
Roses Given to Calhoun
One of the incidents of the day was
the arrival of a woman who bore an
elaborate basket of roses, and who re-
mained in front of the courtroom over
an hour awaiting Patrick Calhoun's
return from lunch. AS the automobile
of the railroad president arrived the
woman transferred the basket to her
5-year-old daughter who presented the
flowers to Mr.. Calhoun. The defend
ant thanked the donors and placed
the basket in his automobile.
Apparently uneXhausted by his ef-
forts of yesterday, Mr.. Heney took up
the review of the testimony. Fears
had been expressed that the prose-
cutor whose physical condition has
been impaired since his attempted as
GdSlnatlOn ldSl NONeIHDeI, Noulu IOl
be able to endure the strain of long
address, but the sound of his voice
reached the crowd outside.
In the first thirty minutes of the pro-
! ceedings this morning he was three
times interrupted by attorneys for the
| defense who charged him with re-
ferring to subjects outside of the case
and assigned his remarks as error ana
misconduct
on one occasion, the speaker declared
his remark inadvortent but on an
oteh he fatty contradicted the state
ment of Alexander King, who had
broken the thread of his discourse.
Strictest vigilance was exercised bv
the twenty policemen who handled the
crowds of the early session. and few
persons lacking credentials Of one
character or another gained admission
to the hall. Half a dozen special
agents of the district attorneys office
| escorted the speaker through the
| thronged court room and dozen
armed retainers of the prosecution sur
rounded the jury box and faced the
| crowd across the dividing rails.
Calls Evidence Fabricated
Mr.. Heney ridiculed the theory ad-
vanced by A. A. Moore in the latter's
closing argument. that TREY l.. Ford
of the United Railroads had paid
fee to Abraham Ruef, and that the
supervisors had extorted the money
they resolved from the former boss ard
not from the defendant.
1T is fabricated evidence" said
Heney. 1T shows the guilt of the de-
fendant, even to alphabetically admit
as much as that.
"They ask you to believe. as a rea-
sonable hypothesis, that Ford paid
$50 900 to Rdef as fee. and that the
greedy supervisors extorted $4,000
from poor Abraham Ruef, with a net
| loss to the boss of $4,000.
why, it is an insult to your intel
| ligence. Even a half-witted person
would know it for what it Is.
"Mr. Moore presented to you matter
of this sort with certainty and cou~
idence for which | cannot account.
therefore rely solely upon your honesty
or your intelligence"
There was a prolonged wrangle and
several further Interruptions to the
argument. when Mr.. Heney went into
the matter of class prejudice. which
Mr.. Moore had asked the jury to is-
pore.
rs there anything here" said Heney
"that leads to a belief that Rudolph
| Spreckels was perjuring himself when
| he told you of the time that Patrick
Calhoun offered to move a railroad off