The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-04-17
SUB NIT 7 Ing
SULLENLY \ I 0
ORDEAL
Nicholas of Famous "Boodl=
ing Board Spends Tedious
Day Oh Stand

San Francisco, April 16-Submit
ting with sullen resignation to an or
deal that appears more disagreeable
with each repetition. Ferdinand p.
Nicholas, first of the procession of
former supervisors who composed the
'boodling board" of the Schmltz admin
lstration. gave TO the jury today his ac-
count of the transaction In which he Is
alleged to have accepted $4,000, offered
by Patrick Calhoun, president of the
United railroads, as a bribe for per
NIT to erect the overhead trolley on
certain cable lines owned by the cor
poratIon. Throughout long and ted
ious day, Nicholas occupied the stand,
passing from the interrogationS Of the
prosecution to the less tender question
ing of the defense, with the people
again directing the examination when
the trial was adjourned to next Mon
day.
Assistant District Attorney Heney
conducted the examination disclosing
the relations of Nicholas with James
l.. Gallagher who. according to the
testimony. paid him $4,000 in two
equal installments as bribe for his
vote upon the trolley permit. Mr.
Heney departing from the precedent
established in former cases, confined
his interrogations TO the trolley case,
but when Nicholas was turned over to
Earl Rogers Of the Calhoun staff for
cross-eXamlnation. the inquiry was en-
lGreed to include the allegations re-
latlng to payment of bribes by the gas
company, the prie fight trust the
Homo and Pacific States Telephone
companies and the Parkside Realty
company.
Time and again Mr.. Rogers forced
Nicholas to admit that he knew he
was receiving a bribe when he took
the money from Gallagher: that he
would have voted for the trolley with
out any underhand consideration II he
had been left to the dictates OF his own
conscience and that he confidently eX-
pected to escape the legal consequen-
ces Of any of the crimes he had con-
fesscd. Mr.. Rogers drew from the
witness the open and defiant admission
that he was guilty of bribery on two
counts and that he had committed per
jury.
Mr. Rogers went far into the matter
Of immunity granted the former sup
ervisors. and Nicholas. after many
eyasive replies. said that his under
standing of the agreement was that
Rudolph SpreclIles was handling the
matter of immunity" adding that he
had once interviewed Mr.. Spreckels
after being given Gallagher's assur-
ance that the contract would apply to
all members of the board who con-
fessed.
Nicholas tried TO give an account OF
what he had done with the $13,725 he
admitted having received in all the
deals while a member OF the board,
but was unable to account for more
than $4,000,
Half a dozen times during the day
the opposing counsel engaged in long
wrangles over points of law. and upon
these occasions. Alexander S. King Of
Georgia, and A. A. Moore. of the de-
fense. alternated in presenting their
side of the issues TO the court.
Judge William p. Lawlor once warn
ed A A. Moore that he must refrain
from asking any question that appear
ed insulting: but, upon the whole, tho
session was orderly by comparison
WIFI llt oDCuib6 vi ~ ictNdih6 t'ioics
Mr. Heney created something OF a
stir by addressing the court at the end
Of the day and declared he had been
advised by his physician not to en-
gage in the trial He registered an
objection to prolonged sessions Of
court, and Judge Lawlor stated that
1t was not his present intention to sit
beyond the usual hour.
Mr.. Heney was attended during tho
day by two bodyguards and the squad
of police on duty at Carpenters hall
was increased by six officers in plain
clothes, who were seated among the
attorneys and the spectators.
San Francisco, April 16-Surround.
cd by an imposing array OF counsel
composed of Alexander S. King, of
Atlanta, Ga. Earl Rogers, a prominent
criminal lawyer Of Los Angeles; A;
A. Moore. his son, Stanley, William NJ.
Abbott and Louis F. Byington. former
district attorney here, the trial Of
Patrick Calhoun, president of the
United Railroads and prominent in
financial circles In half dozen east
ern cities. who is charged with brib-
cry, was actually begun this morn
Ing.