The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-18

mon. ordinary individual. just like
charged with crime. and the evidence
is before you that demonstrates beyond
the possibility of doubt that he is q
guilty man.
guilty. Not only that. but having been
caught I'm one crime, he has been mt the
back of a dozen more 10 prevent the
enforcement OF the law. He is willing
ment which he boasts he Is member
of as an American citizen. An. He
would drag the name of any honest
man in the dust. in the sewer, in order
that he might go free.
Mr.. Moore we'll said il when he tolo
you that a man for immunity would
do anything. All. a man for his liberty.
when he sees IL in danger, viii do just
as much. and ten times more If he has
the power And that is why it is that
Edmund Burke, in that greatest speech
ever delivered in the English courts,
during the trial of Warren Hastings.
said: '.All you who are accustomed to
frequent courts know that more men
are convicted by what they do after
ward 10 cover up the crime than by
And so in this case had Patrick Cal
houn, when first charged with this Of
tense, permitted William M. Abbott.
George Willcutt, Dahler, the cashier:
Starr. the treasurer, TO go before the
grand jury and tell the simple truth.
IL the truth will acquit him. he never
would have been indicted; he need not
have been dragging along these weary
years. as his counsel says. waiting for
trial
They are not indicting me when they
say that that grand jury was domi-
mated by the district attorney; they are
indicting twelve men-at least twelve
men out of a grand jury of eighteen or
nineteen, taken from the body of the
~~r Il. .la~rae T.
tention, as honest as ready to protect
the innocent as any one of you dare
claim to be-
SCORING TWELVE MEN
And when they say that that grand
jury brought indictments against Nj
Patrick Calhoun. or anybody else, at
/ the behest of Mr. Spreckels they are
asking you to believe the defendant in
nocent, and to believe twelve men
drawn from the body of the county, al
least twelve men, like yourselves. to be
STEPPED in crime, to be infamous. be-
cause it is infamous, Infamous TO bring
an indictment against man unless the
! evidence justifies IL.
For about day and half one might
have supposed that instead OF our being
here to try Patrick Calhoun we have
been Ave months now getting ready to
| try Spreckels, Phelan, Heney You
being impaneled. We met as strangers.
all OF us. ] did nothing during this
! trial to try TO gain the friendship OF
single man on the jury; ! have done
/ nothing during this trial to try to
curry favor with a single man on th4s
! jury; have been frank and open at all
times. You have watched me for five
months; you know what my methods
are; you know whether they are open
and aboveboard. There is not one OF
you who doesn' know in the bottom OF
! his soul exactly what kind and charac-
ter of man stands before you and what
] nd oh 2 Of nrnSeC1lfnr G "a, NJ lie
/ before you.
! SCORNED TO CURRY FAVOR
/ I have scorned to curry favor with
/ a single member of the jury. be-
cause / want no verdict because you
/ like me; and ! have confidence enough
/ in the manhood of every man on this
1ury to believe at this moment that
every one of you will vote according
to his conscience and the evidence, re-
! gardless of whether he dislikes Francis
| J. Heney or his methods, or not.
But there is something more in the
i fighting j have done here than per-
y6 have Sea been tbes ghag f9T
vilify me for the last two days;
didn't interrupt them. / am not COM
planning of It; they had perfect right
! But, gentlemen. courts are estab-
| lished for the trial of causes; courts
are established for the protection of
all these people here and all those out
side Courts are established in order
that men. may not have TO settle their
! grievances by private quarrels. Courts
cent by furnishing the guilty. And
there is only one way in which our
courts can be respected throughout the
land. and that is for the courts to be
so conducted that any man may feel
/ safe TO come into court and advocate
! the cause of his client, even though
and know that he does not have to sub
nit to that character of abuse and vili-
| fcation which he would not submit to
outside of the court. which his man
/ hood would not permit him to stand
/ for anywhere else on earth.
And j have been fighting for that
principle for FIVE long months, and ]
am going to fight for 1t as long as ]
will never enter a court again so long
as I live, so help me God. and permit
he dare not do outside of a court But
am not doing that for any personal
reasons; am doing that because love
1 justice and because I want our courts
TO be respected throughout the land
l want every woman who comes into
court to know that she can not be in
into court either as lawyer. witness or
defendant, to know that he is safe from
| insult, aside from legitimate argument
! That is the fight I have been making
consider it
What difference does 1t make to me
what an attorney like Earl Rogers, the
/ partner of the infamous Luther
/ Brown, as 1 will show you by this evil
| dence. may have to say about me In
| court? 1t concerns me nothing but ii
concerns me much. and il concerns you
much, to find out whether when man
comes into court TO perform a public
duty he must submit to abuse and Wilt
/ fication If a defendant has sufficient
money to employ blackguards for the
| purpose.
BIG ISSUE AT STAKE
There is bigger thing at stake than
| the trial of Patrick Calhoun; after ALL
IL is of small Importance whether Mr..
Patrick Calhoun is convicted or not. in
sofar as the individual is concerned.
The question which is at stake is, "Are
our courts no longer sufficiently pow.
| erful TO enforce the law If a man pos
sesses wealth. and is willing to en-
ploy men to tamper with witnesses to
1 hire others TO steal documents from
safe and private drawer, to fabricate
evidence, TO do any and all the things
which this evidence shows have been
done in behalf of this defendant in
this case?
When l started on the trial of this
case / said TO myself: The defendant.
Patrick Calhoun. can make one or two