The San Francisco call., 1909-04-29
Terms Prosecutions Denounc-
ing of Questionable Tactics
IAN Outrage
Trolley Chief Ignores Swarm OF
Lawyers and Addresses
Court Direct
0ntbnrst Follows Accusation OF
Alleged Signals. Made
to Juror
Incident Comes as Climax of a
Quiet Day. and Causes
Mild Sensation
BY w. Russell Cole

OJ ". kuSS<ff GOAC
rfTAM ON trial here for my liberty,
and wish to Drott.. aTain-t the
a conduct of the district attorney.
1t Is contrary to every rule OF law prac-
tieed among English speaking peoples
The object undoubtedly is 10 exercise
controlling influence over this jury by
holding over them threat growing
from a charge that a man had made
cabaIistfc figures at my desk. Ny Iib-
erty Is at stake and 4 appeal to the
court. Through the course of this trial
L have instructed my counsel and have
rndeavored myself to conduct this case
with the dignity becomfng an Americas
citizen ON trial for his Ilberfy.-
With this outburst Patrick Calhoun
yesterday stood up in court where he IS
on trial for felony. and. taking no
notice for the time being Of the seven
attorneys he has hired to defend him.
vehementIy addressed the Judge.
IL was about i've minutes before the
adjournment Of the afternoon session.
1t was an unusual scene The lawyers
sat mute while their client poured out
his denial OF a charge made by the
states attorneys that efforts were being
used in the courtroom to influence the
jury. Calhoun arose unannounced and
made his brief speech to the, jury and
the court without interruption. 1t was
personal protest. but not a personal
denial of any issue with which the jury
has to do.
Charges Are Made
The whole incident which served as
the climax of day of most ordinary
procedure threatened for moment to
develop sensation. but in the end il
failed to do so. The charge was made
by Assistant District Attorney O'Gara
that one of Calhoun's employees had
endeavored to attract the attention OF
the jury by smiles and grimaees. and
this was supplemented by statement
by Francis j. Heney that Rudolph Fish
beck. a saloon keeper. had also made
signs toward a member of the jury
Attorney John j. Barrett of Calhoun's
staff made an effort to refute these
charges, and then Calhoun himself
rushed into the fray. It ended far
more quietly than it had begun. for
Judge Lawlor stated that he had NOT
seen the alleged misconduct and refused
to take judicial cognizanee Of it.
Former. Supervisor James F. Kelly
was on the witness stand under direct
examination when the potential sensa-
ton broke in on the serenity of the
afternoons developments. The inter
ruption had nothing to do with KeIly's
testimony. but was the result of oc-
currences in Calhoun's corner OF the
courtroom. Jerry Geisler. clerk in
the defendants employ was sitting
near the members of CaIhoun's coun-
sci. and it was toward him that
O'Gara's accusation was directed
Il want to bring to the attention OF
the court the fact that young man
sitting by the defendant is induIging
in improper conduct" declared O'Gara.
"He has been attempting to make signs
to the jury by indulging in smiles and
sneers and has been snarling at Mr..
Kelly as he has testified"
That is absolutely false" declared
John j. Barrett. vociferously. THAT
was reported to Mr.. O'Gara by the man
who sits behind him and who has been
looking menaneingly at US all day
Barrett's reference was to William
Otis. one of Heney's bodyguards. who
occupies place directly behind the
prosecutors table in the courtroom aud
who had stepped forward and spoken
to O'Gara a moment before the latter
called attention TO Geisler.
Signals to Juror
There Is another matter OF the same
kind which has been called to my at
tention.~ said Heney in answer to Bar
rett,s statement. That is thar Rude
Fishbeck. we'll known saloonman. was
drought into this court the other day
Inv Mr.. Barrett himself and was making
signs at member of the jury from
the place where he sat near the table
Of the defense
That is false. also" shouted Barrett
The same gumshoe man who tried to
exaggerate the other occurrence re-
4 ported that as wer.~
You are mistaken. returned Heney.
i Il saw the signs he made myself"