Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-04-29
CALHOUN TALKS
WHILE COUNSEL
REMAINS SILENT
MAN ON TRIAL FOR BRIBERY
IGNORES HIS LAWYERS
TAKES EXCEPTIONS TO REMARKS
OF DISTRICT ATTORNEY
Good Faith of Jury Questioned by
Prosecution Because of Alleged
cabaIastlc Signs of Law
yer's clerk

NAN FRANCISCO, April 28-The
unusual spectacle of defendant
~ addressing the court and jury
while his five attorneys renaiheo
silent in their chairs. was presented
today during the trial of Patrick Cal
houn. president of the United Ral-
roads.
At critical juncture in the proceed
ines after there had been presented 10
the court an allegation touching the
good faith of the jury, Mr.. Calnouh'
ignoring the appeal from A. A. Moore,
his chief counsel, arose from MS chair
and said: -
II am on trial for my liberty ana
as a citizen. | desire to enter pro
fest against the remarks CT the district
attorney, which I designate as miscon-
duct. They are contrary to every rule
of law practiced among English speak
ing people. ., -
establish a controlling influence over
this jury by reference to an allegatlon
that a man has been making capa1stlc
figures at my desk. | think the reIer-
ence is absolutely absurd and irregu-
lar"
Assistant District Attorney OGara
precipitated the extraordinary climax
TO an interruption during the examina-
ton of James F. Kelly, the fourth
member of the Schmitz board of super
visors to be called as a witness in the
case.
Calls Down Spectator
"I desire to call the courts atten-
ton" said Mr.. O'Gara, that a young
man seated at the defendants table
has been laughing and smiling at
af he itIr WhanaVRr
ceived a point to have been scored in
the defendants favor. and that he has
been snarlng at portions of the testi-
mony of this witness"
THAT is absolutely false" said John
J. Barrett, one of the attorneys for
the defense.
"Mr. OGara based this accusation on
a report made to him moment ago
by one of the men who sit there all
day long, looking menacingly In our
direction"
Mr. O'Garas reference was to Jerry
Geisler, a law clerk. who sits at the
table provided for attorneys for the
defense, and Mr.. Barrett, as he spoke,
designated by a gesture William Otis,
one of Francis J. Heney's body guards.
"That may be so,' said Mr.. Heney,
entering into the debate. but / hap
pen to know that Rudy Fischbeck,
well known saloonkeeper, was brought
in here few days ago by Mr.. Bar
rett and that he was making signs to
one of the jurors while court was in
session."
THAT is false Also" interrupted Mr..
Barrett, "and it was likewise reported
to Mr.. Heney by one of his gumshoe
men. l wish to explain that I did meet
Mr.. Fischbeck outside the court room.
and after assuring him it was foolish
to attempt to gain entrance, found op-
portunity to gain a seat inside
the rail-"
Juror Addresses Court
Joseph Dixon. who was the first juror
accepted. addressed the court as Mr..
Barrett sat down, and declared he was
the juror to whom reference had Seen
made. He stated he was acquainted
with Fischbeck and had bowed to him,
not believing he was transgressing any
of the courts warnings or instructions.
Mr.. Heney was, next to address the
court saying:
''I regard the conduct OF the jurors
as exemplary and 1 have the same to
say of the conduct of Mr.. Calhoun. but
cannot add the same estimate of Mr..
Calhouns attorneys"
1t was at this point that Mr.. CAL
houn made his brief address, adding to
his original statement the following:
"I have comported myself with all
the dignity of an American citizen on
trial for my liberty. and 1 have in
structed my counsel to do the same"
Judge Lawlor made no attempt to in
terrupt the street railway president
while he was speaking until after Mr..
OGara had made objection. when
Judge Lawlor expressed belief that
any statements made by the defendant,
except through his counsel, were i'm
proper.
The trial will be resumed tomorrow,
with former Supervisor Kelley still un-
der examination by the prosecution.
Gallagher Holds Power
Mr.. Heney in redirect examination
obtained from Coleman a direct dec
laration to the effect that the witness
was at all times and in all matters
represented by Gallagher, and he Ge-
pended on Gallagher to such an ex-
tent that the chairman of the former
board had made an arrangement
whereby Coleman was to receive SIS a
month from the Pacific States Tele-
phone company.
when you accepted the money from
the gas company. did you intend to
allow the company to increase it's rates
to such an extent that it would be
recompensed for all its losses resulting
from the fire?" asked Mr. Heney.
81 do not know that this was the in
tention," replied Coleman.
Ibid you know that the 10 cent in
crease in the gas rate meant an addi-
tional earning of 100000 in the year?"
inquired the prosecutor.
"I knew it would increase the COM
pany's earnings by thousands Of dol
lars" admitted Coleman.
4