The San Francisco call., 1909-05-07
SHARP CLASHES
MARK SESSIONS
OF GRAFT TRIAL
Calhoun Lawyers Fight Testi=
mOny Connecting Them With
LOnergan Plot
Trolley Chief Started Preparing
Defense When Oliver Grand
Jury Convened
By w. RUSSELL COLE

BY w. ROSSEIL (OLE
Efforts Of the prosecution TO pile
up testimony in the. Calhoun case con-
and activities Of the detectives en-
gagged for so long to interfere in CAL
houn's behalf with the workings OF
justice caused an open rupture between
the attorneys in the trial yesterday
morning Heney announced his inten-
ton Of going into the. details of the
plot which was Matched to get former
Supervisor Lonergan out of the way,
and ruling on the admissibility of
such evidence is now being held in
allegiance by Judge Lswlor.
There was a bitter fight from the
moment Heney asked of William NJ.
Abbott. the witness. the first question
tending to throw light upon the man.
ner in which CaIhoun's defense was
conducted from the very first. The
jury was temporarily excused from the
courtroom while Heney made a state
ment Of what he intended TO prove, and
his direct charge that Earl Rogers Of
CaIhoun's staff of attorneys was con-
out OF San Francisco before he could
testify caused Rogers TO make heated
speech in his own defense
some time in the spring of 1907
did you not secure certain reports for
Mr. Calhoun from a detective named
Dorland2" asked Heney of Abbott The
latter replied that he had not and that
he did not even know Dorland.
Did you ever pay any sum of
money TO Luther Brown for Dorland
or for reports made by him or any
other detectives for Mr.. Calhoun" per-
sisted Heney.
HENEY OUTLINES PLAN
There was an immediate objection
from the defense and Judge Lawlor
asked the purpose Of the question.
Heney answered that the prosecution
intended to show an attempt TO fabri-
cate evidence and manufacture a de-
fense, which statement called for more
objections and charge Of misconduct
Heney refused TO go further into de-
rail until the jury had been ordered
out of the room at his request Then
he reverted 10 the Lonergan matter and
declared that he intended to prove
that 2 conspiracy had been entered
into by Calhoun's attorneys, including
Tirey L. Ford and Earl Rogers. as well
Luther Brown to dispose Of the
dangerous former supervisor
The plot. as Heney outlined il, and
as IL has often been told before, was
for Brown. through Dorland and some
other hirelings. TO induce Lonergan
into an automobile for a ride and then
20 visit a roadhouse. where he was TO
he introduced TO a woman brought
from Los Angeles for this particular
paFpose. Out Of this meeting a criuai-
nal charge was 10 be brought against
Lonergan and sworn to by the woman
and Lonergan's other companions. IT
was planned that by trapping him in
this way he could be driven out of the
state before giving his testimony. The
plan actually was attempted. but was
defeated through the watchfulness of
Special Agent Burns
sThey have no right 70 go into such
oueside matters, declared Stanley
Moore in response 10 Heney's state
ment How can they expect to hold
Mr. Calhoun for the act of an irrespon-
slole detective2 It may be that Mr.
Csihoun regretted this thing more than
aTT one after he learned Of il. and it
may be also that neither Mr.. Abbott,
Ar. Rogers or Mr.. Brown knew any,
Cured"
No DENIAL OF PLOT
Moore argued further against the in
claiming that it should not be brought
into the case. made no denial Of the fact
that the plot had actually been worked
out. Earl Rogers waited only until
Moore finished speaking to take the
floor in his own behaIf
Counsel has brought my name into
this natter. asserted Rogers. and
should have the right TO say a word or
two He can not prove a word Of what
he claims-that I had anything to do
with that transaction or with Dorland
or with any similar matter. Your
honor has known me a great many
years and I stand here upon my reputa-
ton. for I believe that for so young A
man I have met with some success
would not hesitate to take the witness
stand to refute these charges. but my
duty to my client holds me mute and
prevents me from going on the stand
and threshing this out. I don't think
my reputation should be attacked from
the mouth Of such man while my
hands are tied. however
The court refused TO rule at once
upon the question of the admissibility
OF the proposed line Of testimony, but
ordered q new subject taken UP for the