The San Francisco call., 1909-05-11
LETTER PROVES
MONEY WAS Sent
Calhoun's Written Order to
Credit 100000 on Com
pany's Books introduced
Secretary for United Railroads
Proves Important Witness
for Prosecution

/ George B. Wilcutt, secretary of the
United Railroads, was an important
witness called by the prosecution yes
terday in the Calhoun trial. The feat
ure of Wilcutt's examination was the
introduction of letter written by Pat
rick Calhoun to the witness in Septem-
Der, 1905. The communication con-
tanned instructions for wiIcutt to credit
the United Railroads investment COM
pany with 100000 on the books of the
United Railroads of San Francisco.
| The witness testified that the credit
! was entered in the regular books of
| the corporation, but that he was never
told OF the use to which the money was
put, and that the ledger in which the
| entry was made was one of the books
carried away by the auditor sent out
from the east shortly after the fire.
| W1lcutt was asked directly II he had
ever been told by Patrick Calhoun that
the money was paid to Abraham Ruef,
and said that he had never received
any information regarding the dis
bursement of the fund.
LETTER IS INTRODUCED
Wilcutt said that after receiving the
letter he had a short conversation with
Calhoun, in which the latter said that
the interest on the 100000 should be
| regularly entered in the company's
BOOKS. The letter in question was in
| troouced over the objections of the de-
iense after somewhat lengthy argu-
ment. 1t was offered in evidence at
the second Ford trial. but was not per
mltted IN the record because of the
fact that Ford was not directly impli-
careu In anything to which it referred
Wucutt also told of the methods of
oook keeping employed by the limited
railroads and said that although he
ulrecteu the making of loans upon let
| ters or advice he did not check the
treasurers office upon receipt of any
! funds. any
Assistant District Attorney Heney
inquired into Wilcutt's appearance he
fore the grand jury in 1907 and &C.
cured the admission that the witness
had stood upon his constitutional
rights and had refused to be sworn as
a witness at that time. The cues
tion raised by this inquiry led TO
discussion concerning the legal rights
% q witness to refuse to answer ques-
tlons The examination brought ont
the fact that Wilcutt did not raf,,so
10 TESTIFY because of fear of nersona1
prosecution. but because he had re-
celNed legal advice from attornevs ~
the United Railroads to the effect tbo+
as an onicer of the corporation he was
not bound to give testimony.
Is SHOWN MINUTE BOOKS
Inc d1rect examinat ton by tho nross-
cutioh occupied the greater part of
r, me 'iiie that Wilcutt was on the stand.
Inc witness was shown the min,,ta
DOCKS OF the corporation and testifad
regarding matters taken up at vario,,s
meetings OF the board of directors ~
the United Railroads. He declared tbst
from the time of Calhoun's election 70
the presidency until some time after
the nre the only resolution introducef,
IN the board regarding the eIectroIizinr
Oh any part of the United Railroads
system was the authorization nsssed
by the board May 10, 1906. alIowing
ADDITIONS to the rolling stock and
equipment Of the company on roads
already operated by electricity.
The matter of the rebuilding Of the
| outter street road prior to the fire was
gone into on the direct examination of
the witness and it was shown that the
United Railroads had planned the
changing of Its branch of its svsten
from cable to electricity even before
the permit was secured from the board
OF supervisors. 1t was also shown that
the Market street system was mar
TALLY prepared for an overhead trolley
long before the fire. wires having been
laid in 1895 to carry a return current
to the power house, and that the re-
turn wires in Market street were used
in connection with electric roads in
other streets.
EAINS TAKES STAND
Wilcutt was succeeded upon the wit
ness stand by Archibald c.. Kains. a
director of the United Railroads. whose
testimony was essentially the same as
that given last week by Director Tobin.
He stated that no authorization had
ever been given by the directors for
the payment of any large sum of
money during 1906 and that he knew
of no payments to Abraham Ruef He
said that the trolley permit was never
discussed at any board meeting
Ivor Jones and Bernard f. Nelson.
clerks in the treasurer's department OF
the United Railroads, declared that no
large amount of currency had ever been
handled in. the regular routine of busi-
ness during 1906. Charles Holbrook. a
director of the company, told of going
with Treasurer Starr to the branch
mint and taking a sack of gold to
Starr's office.
The other witnesses examined were
John W. Baker and William Adami |
walters at the Cosmos club, who told |
of seeing Ruef and Tirey l.. Ford lunch-
ing together; Louis Fox, who succeeded |
Alex Latham as Ruefs chauffeur and |
drove the former boss on one or more |
occasions to Ford's Office, and Victor |
Rosetti, chief clerk of the Wells Fargo |
Nevada national bank, who identified |
the bank books and the United Rail- |
roads accounts. Rosetti was on the |
stand when adjournment was taken |
yesterday afternoon and will be re-
called this morning.
TO TEST PLUMBING LAw-A1ameda, May /
1O-T G.. Poorman, Oakland plumber. has |
notified Sanitary Inspector L. G. Maillot that he |
intends to have court test made of the new I