The San Francisco call., 1910-08-09
BRIEF RESPITE FOR
CALHOUN LAWYERS
Commitments for Contempt Are
Not Drawn to Suit
the Court
Attorneys Barrett, Moore and
Son May Go to Jail
Today

crowd, in which were many women
and some clergymen packed Judge
Lawlor's court yesterday, expectant of
a possible repetition of the riotous dis
turbance of last Wednesday, when three
of Patrick Calhoun's attorneys, A. A.
Moore, Stanley Moore and J. j. Bar
rett, were adjudged guilty of contempt
of court and ordered imprisoned in the
county jail But the proceedings were
of the briefest and most formal char
acter. Commitments prepared by the
district attorneys Office were presented
to the Judge
AS some changes have to be made the
commitments will not be ready until
today for delivery to the sheriff. Judge
Lawlor ordered that as soon as the pa
pers are handed over to the sheriff he
immediately act upon them. That is
to say, the sheriff will take the Moores,
father and son, and Barrett into GUS
tody.
MAY SEEK RELEASE
What the next step of the attorneys
will be they would not divulge yester-
day. 1t is thought most probable that
they will at once apply to the court OF
appeal for writ of habeas corpus and
for admission to bail pending deter
mination of the legality of the judges
action in adjudging them guilt of con-
tempt and Furnishing them Number
less technicalities upon which the writ
will be argued are suggested, among
them being contention that the court
had no power to stay the execution oil
his own order committing the Offend
ing lawyers to the county Jail.
Calhoun and his entire retinue of
lawyers were in court yesterday,
though not one of them had d word to
say in the proceedings. They simply
marched in and marched out again,
the United Railroads president lead
ing the procession. Following him like
q file of Indians were A. A. Moore,
Lewis F. Byington, J. ]. Barrett, Stan
ley Moore, w. M. Abbott, Porter Ashe
and f. Sheehan.
Sitting in court awaiting the call
ing of the matter of his bail was Aps
Ruef Calhoun shook hands with a
number of people in court and nodded
recognition between these two big fg
ures of the graft situation
FORCE OF DEPUTIES
Extra deputy sheriffs had been de-
tailed to the court to prevent another
hand clapping demonstration by the
sympathizers of Calhoun should he de-
eide to make an address. Besides a.
G. Brophy. the regular bailiff, there
were Deputies William Kennedy and
Morris Raphael. They were prepared
to take the contemptuous lawyers into
et,1 4 It'd
District Attorney Fickert, who came
into conflict with the judge at the last
hearing, was not in court. He was
represented by his deputies, Fred l..
Berry and E. A. Lane.
Have the commitments against the
attorneys adjudged in contempt of
court been made out?" asked Judge
Lawlor of Berry, in opening the short
proceedings.
Berry walked to. the judges desk
and laid the commitments before him.
L will read the commitments and
when they have been signed by me and
entered on the minutes of the court
they will be delivered to the sheriff and
he will act upon them," remarked
Judge Lawlor.
And that was all the curious crowd
of onlookers heard. The next case on
the calendar, that of Ruef, was at once
called. Calhoun and his attorneys
seemed somewhat up in the air The
street railroad man whispered hurried
ly with Barrett, and then turned to
the Moores and consulted with them.
After some moments Stanley Moore got
up and started to leave the court.
There seemed to be some doubt as to
whether or not he was in custody.
Deputy Sheriff Raphael stopped him
and asked him where he was going.
Il am going to my Office, where I
will await being taken into custody"
said Stanley Moore.
Meanwhile Bailiff Brophy was con-
sulting with the judge and learned
that the lawyers were not to be de-
tanned. In the midst of considerable
commotion in court Calhoun and his
attorneys walked out. The greater
part of the crowd followed them to the
sidewalk, forming a big circle, in the
middle of which Calhoun, A. A. Moore,
Stanley Moore and Barrett posed in a
group for the newspaper photogra-
piers. Then, jumping into an automo-
bile, they were driven away.
COMMITMENTS TOO LONG
The commitments as prepared by the
district attorneys office were later in
the day read by the judge, who con-
suited with Prosecutor Berry in regard
to them. Although Judge Lawlor had
no criticism of the way the commit
ments had been prepared, he thought
they were somewhat too lengthy, and
suggested that Berry have some of the
matter eliminated. They recited in full
the opinion read by the judge and all
the remarks made by the lawyers, in
cluding those which the court desig-
mated contemptuous. 1t is probable
the commitments will be ready today
in their amended state for delivery to
the sheriff.
If the form followed by the district
attorneys Office is adhered to it is like
ly that A A. Moore will only serve five
days for his double contempt. Judge
Lawlor last Wednesday found him
guilty of a second contempt and gave
him a second five days, ordering that
1t should run concurrently with the
first five days. But Judge Lawlor had