The San Francisco call., 1909-04-16
ACTUAL TRIAL
OF CALHOUN IS
AT LAST BEGUN
Opening Address to Jury Made
by Heney, Who Out
lines Case
Trolley Magnate Is Surrounded
by Great Array of Legal
Talent

him sat the full membership OF active
workers in the legal end OF his fight.
II was the most imposing array of at
torneys which has surrounded any de-
1endant in the local graft cases, for,
in addition to several busy clerks and
messengers. there were at the defend
ants table six full hedged attorneys of
record.
Alex c. King, the Georgia barrister
who has appeared off and on during
the preliminary stages of the case,
took his place by the side of his en-
ployer and before the day was over
had begun active participation in the
courtroom work. William NJ Abbott
head Of the United Railroads legal de-
partmenL also returned TO his old place
after an absence that dated back to
about the time the finding Of stolen
property from the district attorneys
Office in his safe led 10 his arrest on
charge of grand larceny. The two
Moores. Earl Rogers and Lewis F.
Byfngton. who have had charge of the
jury impanelment proceedings, were
in their usual seats. Charles Holbrook.
one Of the directors of the United
Railroads. was in the group about CAL
hOun. and here We're also several Off
cials OF the company and personal at
laches, the whole party occupying
practically all the space within the
rail AT one side OF the courtroom.
Big Crowd in Court
At the prosecutions table Heney and
Assistant District Attorney O'Gara
were alone. except for the presence
for brief intervals now and then Of
deputies from the district attorneys
Office. After making his opening state
ment 10 the jury, Heney left the court
room and the examination of witnesses
was conducted by O'Gara- There was
more Of q crowd in the courtroom than
there has been for several weeks, and
among the spectators were many wo-
men.
Michael Murphy. who was chosen as
the thirteenth juror 10 act as alter
nate and sit in the trial of the case
in the event that any regular juror
should become disqualified during the
course OF the trial. was passed without
challenge during the morning session.
after two other talesmen had been e&
amined and excused. Murphy is a re-
tired sergeant of police, who served
on the san Francisco force for p
years. and has been on the retired list
for IL years. He expressed himself
as impartial to both sides, and as in a
frame Of mind TO give both the people
and the defendant a fair trial When
he had been accepted, both sides an
nounced themselves as satisfied with
out the exercise of d peremptory chal-
lenge, and an adjournment was inme-
diately taken until o'clock for the
actual beginning OF the taking of tes-
timony
Heney went straight TO the fray in
his opening statement and served no
tice. among other things. that il is
the intention OF the prosecution to ex-
plot to the fullest extent the motives
which have prompted the prosecution
from its inception. His declarations
were the answer to the often reiterated
charge Of the defense that Interior mo-
tives actuated the bringing of felony
charges against Patrick Calhoun, and
that the real purpose of the prosecu-
tion was TO force the United Railroads
into bankruptcy in order that Rudolph
Spreckels and James D. Phelan might
gain valuable franchise rights for
themselves.
Trolley COmpany's Scheme
we will prove to you" asserted
Heney, that as early as June, 1905
the Sutter street system. then owned by
the United Railroads. had become so
dilapidated that il was dangerous to
ride upon the cars OF that line We
viii show that IL was the deliberate
purpose Of the United Railroads to al
low il TO become so dilapidated that the
people of san Francisco would grant