The San Francisco call., 1910-02-08
COURT REFUSES
DISMISSAL OF
CALHOUN CASE
Judge LawIOr Denies Fickert's
Motion and May Look Into
Reason For 1t
District Attorney RACES and
Threatens All Those Who
Opposed Grafters

'feh iHt NFSi important step of his
administration with reference to the
grsft cases yesterday by formally NOV
ms in Judge LawIor's court to dismiss
all the pending indictments against
Patrick calhoun. Tirey l. Ford. VIII
liam ~ Abbott and Thornwen Null
lalIv.
Judge LawIor refused to grant the
motion. declaring that in his opinion
the issue was one for determination by
a jury. He set the Calhoun case for
trial on next Monday Fickert an
nounced that he would be ready. and
Stanley Moore for Calhoun made the
same formal announcement
District Attorney Fickert subse-
Quently announced sententiously that
he would prosecute" and. as the re-
suit Of Inquiries respectfully put to
him by a representative of The Call
rev into 2 childish rage and INDUCED
himself in the threats that some of the
indicted nnsnciers have made against
the newspapers and men who have
urged and supported the prosecution
or crime.
INVESTIG ALTON PROMISED
IF District Attorney Ffckert redeems
r1e promises or threats he made i'm his
burst of anger yesterday some grand
jury viii be asked to investigate The
Cali. former District Attorney William
=. Lsngdon. Francis j. Heney Will
liam J. Burns and presumably others.
with view to indicting some or all of
them The trial judges and the mem
herS of the oliver grand Jury were
mot included in the list OF persons the
-srrict attorney purposes to subject
10 grand jury iuvesti cation
on the alleged lack of sufficient evi-
5eu~e 10 convict. He was visihly per
-Erhed as he read the long motion.
which had been reduced to writing He
informed tire court that he considered
II useless 10 20 through 2 court trial.
lie cited the affidavit made by Ruef I'm
which Ruef deposed that there had
been nothing corrupt I'm his relations
with the United Railroads and its rep
rcsentatives.
m his formal motion Fickert made no
preference 10 Gallagher, but ne said that
.tIe presence of Gallagher would make
mo difference and that If Ruef testified
contrary 70 the matter contained in his
affidavit II would serve only to add per
furv TO Ruefs many crimes.
PECULIAR STU ALTON OUTLINED
The district attorney was convinced
that the Doodle supervisors had com
. Iuitred crimes. He said in an interview
-fhat they had confessed the taking OF
money and that he had no doubt OF
their guilt. Beyond that ne declared
there was nothing TO show that any
crime had been committed on behalf OF
the United Railroads He insisted that
there was nothing in evidence to show
that such crime had been committed;
that there was nothing in the record To
show il and that no jury had believed
ft He was determined. he said, to
take the graft cases as ne would any
va grancy case.
Ffckert admitted that he had advised
fIe court Of his intention 10 move for
dismissal. but denied that he had
taken the counsel for the defendants
into his confidence.
Fickert declared that he could see no
tcrauce of securing 2 conviction and
that there was nothing 10 show that
tie money which the United Railroads
had secured at the mint was the money
teken by the supervisors. In answer
10 an inquiry touching his efforts to
get evidence the district attorney said
he had given considerable time to run
ming down rumOrs-
SAYS THE RECORDS WE'RE STOLEN
a great deal Of evidence is missing,
said Ffckert. The former district at
torney has taken it away"
do YOU mean TO imply that former
District Attorney Langdon has taken
away the Office records Fickert was
asked
II co not mean to imply charge
Sit" declared Fickert Mr.. Langdon
5took the records Of this office away. I
purpose TO take that matter up with
The grand jury
Burns and Heney We're both accused
oF+alzfnZ records and Fickert promised
that both would be investigated by the
grand jury.
The district attorney admitted that
he had heard it charged that Patrick
Calhoun had financed his campaign and
that he had been referred TO as Patrick
Calhoun's man" Both accusations he
denied briefly but he lost his temper
when he was asked courteOusly what
rronlv he would make 10 the probable
-renewal Of those charges as the result
s,of his motion TO dismiss the indict-
tments.
AFICKERT BECOMES PEEVISH
h-4 Leaning fro nhischai and shaking
his 6st Fickert roared that nobody
could come into his office and make
statements like that, and launched into
= tirade of abuse Of The Call He also
admitted that he was considering the
matter of asking the grand jury to in
1estigate The Call
before his attack on The Call the
district attorney had suggested that he
would be glad to bring Gallagher back
If Burns would permit IT, and inti-
noted that he would later ask for the
dismissal of the indictments against
former Mayor Schmitz.
Fickert's motion for dismissal was
made yesterday morning when the Call
foun case was called in Judge Lawlors
court Calhoun was accompanied by
A. A Moore. Stanley Moore, William
NJ. Abbott, John J. Barrett. Lewis r.
Rvington and Luther Brown When
.fbe case was called Fiekert presented
lis motion as follows:
since the calling of this case on
January 10. I have made thorough
and careful examination of the evil
dence left in the district attorneys
office by my predecessor, Mr.. Lang
don and he informed me. on my ac-
cession to the Office. that he had de-
livered 10 me all the evidence of
every kind and character in his
uossession or under his control in
Ills case ] have also examined the
transcript of testimony given at
tie former trial OF this defendant.
BESIDES this / have made inde-
rendent search for further evil
dence These examinations con-
1fnce me that there is not sufficient
legal and competent evidence TO
iustffv me as a sworn officer of
fhe law. to present this case to