The San Francisco call., 1910-04-26
Nd DEAL With
Calhoun GOES,
SAYS LAWLOR
Judge Again Declines TO Dismiss
the Cases Against Graft
Defendants
Declares No Arrangement With
Fickert Shall Control the
Courts Action

The charge that District Attorney
Fickert has an arrangement" with
Patrick Calhoun and the three other of
fcials Of the United Railroads indicted
for bribery TO bring about the dismissal
OF the cases was made by Judge Lawlor
yesterday. Fickert angrily protested
gainSt what he termed the gratuitous
dnsinuations of the court, but was
sternly directed by the Judge to cease
talking. In a further exchange Judge
LawlOr referred TO the peculiar cir
--cEmstances surrounding the district at
torney's Office"
The tilt between the court and the
district attorney followed the refusal
:-of Judge Lawlor TO grant a motion
made by Attorney Stanley Moore to
dismiss all the indictments against Cal
lloun, Tirey L. Ford Thornwell Null
elally and William Abbott. Fickert
whose motion TO the same effect was
:denied by the court some months ago,
announced that he had nothing TO offer
an opposition TO Moore's motion.
After citing the law relative TO the
dismissal OF indictments, Judge Lawlor
1sajd:
The court is Of the view that as
far as the determination of the mo-
5iOn itself is concerned the onuS
T.. is on the people TO show good cause
=: which would take the case out of
- the operation of the constitutional
provision and the statute. In the
view which the court takes of the
=, general attitude of the district at
torney the court feels that this is a
-. case where it must act. and to the
extent that may be needed, to pro-
J: .1ect the public interests. The
court has judicial notice of the his
:. tory OF the charges against these
-four defendants IL knows ju-
- dlciallY that q material, and, 1t Is
. CLAIMED, an Indispensable witness to
the prosecution Of these charges is
without the jurisdiction of this
state IT is not prepared, on any
- evidence before it, TO charge the re
spOnsibility of the absence of that
=. witness either to the former admin
- istr2tlOn or the present administra-
rion in the district attorneys office.
II is not the intention of the
r.. court TO disregard the rights of
p this or any other defendant, but il
is likewise the disposition of the
- court 10 see that the public inter
ests are safeguarded, and that no
= arrangement between the defendant
and the sworn officer of the law
shall be suffered 10 direct and con-
troll the action of this court And
' in that view Of the matter the
court has reached the conclusion
that it is its duty TO continue these
causes further TO see whether the
missing witness can be secured.
The determination of the pend
ing motion is continued till 10
FICKERT MAKES REPLY
Ficl1ert was on his feet Immediately
after the judge ceased speaking. He
said:
- 7 desire 10 take an exception to
the remarks Of your honor about
- an arrangement being made be-
tween the defendants and the dis
-. trict attorneys office Your honor
has, on different occasions, gratu-
dtOusly made inSinuations against
10 a
. which I think are uncalled for, and
! which I do not intend TO stand for.
Your honor during the hearing of
=. these various witnesses has pro-
pounded
Here Judge Lawlor interrupted:
Just 2, moment. Mr.. District At
t0rney. When I direct you TO cease
YOU viii do So Every statement L
have made I have made advisedly.
/ intend, when the proper time
comes, to place in the records of
: this case the courts judicial views
as to the situation in which the
court is finally called upon to act
7 do not propose TO do that. how
ever, until ] have given you an op-
pOrtunity to make clear whether
!: or not the apprehension of the
court in respect to your attitude
toward these particular four de-
PENDANTS Is wen founded And at
=: this time ] viii hear nothing fur
p: ther upon the subject
:: 'Fickert replied that he wished the
.i1idge would refrain from amy such
remarks" and said he was going to
act in accordance with the constitu-
1iph and the laws
'''rhe court" rejoine6 Judge Lawlor,
..:Kill discharge its functions within it's
J. conception Of what its duty is, whether
the performance of that duty meets
with the approval or disapproval of the
district attorney or any other person. 4"
And the district attorney will do
lilkewise,' said Fickert
Attorney A A. Moore then voiced an
objection TO the court taking the mo-
tson under submission 'in the absence
of any showing or good cause against
the application"
To this Judge LawlOr replied:
The court has made il clear il
trusts. that ii is the peculiar cir
cumstances surrounding the Office
of the district attorney that con-
strains the court to take the action