The San Francisco call. [volume], June 11, 1909, Page 4, Image 4

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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4
CALHOUN CASE
IS NOW NEARLY
READY FOR JURY
Prosecution Ends Evidence Ex»
cept for Possible Threads
Today
Treasurer Starr, on the Stand
Again, Shows Lax Book Keep
ing of United Railroads
W. RUSSELL COLE
Except for 'the proviso that the pros
ecution may, if it so desires, take time
enough this morning to fill in any gap
of testimony that may have been over
looked, the case of the people in the
trial of Patrick Calhoun is closed. All
the evidence is before the jury, and
today, just five months from the date
of Its beginning, the greatest of all
the local graft trials Is practically fin
ished.
The windup of the prosecution's case
yesterday afternoon was spectacular.
Until within an hour of adjournment
time the r-ntire ilay was devoted to a
technical legal argument as to the ad
mfssibility in evidence of vouchers and
accounts showing expenditures of the
United Railroads' legal department dur
ing the summer months of 1906. On
W«dnepday Attorney Stanley Moore of
the defense asked Treasurer George
E. Starr of the United Railroads a
question tending to raise an inference
that the $200,000 drawn from the mint
by Tirey L*. Ford in 1906 had been used
in breaking the rarmen's strike of that
ypar. Although previously refused the
"right to put the company's vouchers
in evidence, the -prosecution promptly
reopened its demand as a means of dis
proving this inference and showing
conclusively that the fund drawn from
the mint was used in an illegitimate
manner.
PROSECUTION' WINS
It was over this contention that the
fight was waged yesterday. In the end
the prosecution won and the company
officials were ordered by the court to
produce the desired documents. Then,
as a means of settling upon the exact
papers desired, Heney recalled Treas
urer Starr to the witness stand and
questioned him concerning the com
pany's methods of book keeping. In
a brilliant examination he cornered
Starr and forced admissions that under
the lax book keeping methods used
by the corporation the books and
vouchers were absolutely worthless as
a means of showing where expenditures
were made, «>ven if the entries could be
found. . . , . ,
With this admission as a. weapon
He&fy demands that the testimony of
Ptarr. in which the witness declared
that large sums had been paid to Strike
Breaker Farley in . 1906 be stricken
from the record. This was the testi
mony upon which- th*. inference raised
by the defense Wednesday was. based,
and there was a decided objection from
the defendant's corner to haying the
testimony eliminated from considera
tion. But as much as the defense de
sired to retain this testimony in the
record, there was a much greater desire
to keep the books of the company out
of court, and when Judge Lawlor ruled
that unless the testimony was stricken
out a full investigation would be per
mitted, the defense backed down com
pletely.
MOORE GIVES IV
"The testimony may go out," con
sented Stanley Moore, the member of
Calhoun's counsel who brought it into
the record Wednesday and who first
raised the question which caused the
long wrangle.
So the bulk of Starr's testimony was
pwopt away at a stroke, and with it
went all ground for argument that the
$200,000 hoodie fund may have been,
used for legitimate purposes instead of
finally reaching the hands of the
Schmitz-Ruef supervisors as a bribe.
It was the last link In the prosecu
tion's chain of evidence. Treasurer
Starr, who had been on the witness
stand while the final contest was being
fought, was excused. The tension re
laxed almost instantly, and Heney
brought the case to a close with a ques
tion that sounded almost foreign to the
issue of the trial, so great was the con
trast between the unconscious irony it
contained and the bitterness of the pro
ceedings just concluded.
"Will it be stipulated that Abraham
Ruef is now residing at the county jail
of this city and county?" inquired
Heney.
"That will be stipulated." answered
Stanley Moore with a broad grin, after
hesitating for a moment In evident
perplexity as to whether the question
was seriously intended. . ,
"Then -that is the case of the prose
cution." declared Heney. "With the
exception of looking over the testi
mony to see if there is any necessity
of producing these vouchers and to see
if we have overlooked anything, which
I don't think/ we have, we are ready to
close."
WILL* L.ET VOUCHERS GO
Heney explained after a short con
sultation with O'Gara that in view of
the final turn of events he did not ex
pect to find it necessary to ask for
the vouchers concerning which the last
long fight occurred. He said that he
did not wish to make this declaration
positively, -however, until he and
O'Gara had an opportunity to inspect
the record, and asked that the formal
announcement of the closing of the
case be postponed until this morning.
"So far " as we are advised at the
present time." he said, "we will not
make any application for. the .produc
tion of the vouchers, and I. think we
will be able .to close as soon, as court
meets in the morning. If we have
overlooked anything, however, I feel
sure that we will b<? able to finish up
within half an hour."
Judge Lawlor granted the request
and adjournment was taken until 10
o'clock this morning.
Starr's testimony, which brought the
case to its end, was a revel in the
realms of high finance. Though de
claring tliat large amounts of money
passed through the treasurer's office at
the time of the strike and that vouch
ers were filed covering considerable
sums, the witness was unable to state
who signed the vouchers, to whom they
were payable or who finally received
the money, or to say what had become
of the vouchers in question.
STARR IV A MUDDLE
Heney asked the witness how he
could identify or distinguish- the
vouchers if they were found, and Starr
couldn't answer. He declared that If
money was drawn and charged to the
treasurer and later covered by a re
ceipt or vouchers showing payments
ostensibly to the treasurer there would
be no book entry or other record to
show how this money had been used
or who had actually received it.
"Under your system of book keep
ins, then, there U no way of '-showing
FIGURES DON'S LIE,
BUT LIARS WILL FIGURE!
(Editorial From San Francisco Bulletin, June 5, 1909)
Facts About The Bulletin's
May Advertising Business ,
1 ll OF THF benefit of those special interests •that
t ha\*e been spending rgal money in the past
Fyear to injure The Bulletin's business, and 1 that
hope to cripple The Bulletin during the com-
ing year by financing an, opposition paper. The
II II I! II Bulletin publishes in this editorial 'a statement
of its advertising business for the month of
May. just closed In the same statement, for
purposes of comparison. The Bulletin publishes
- a statement. of the advertising business of its
three morning competitors. To' print a state-
ment of the Globe's advertising business for the' same period would
be amusing, but cruel
Although The Bulletin is published only six days a week and
the morning papers are published seven days (and there were five
Sundays in May), The Bulletin published more advertising in the
month than the Call or the Chronicle and within a few inches of
the amount published by the Examiner. In other words, although
fhe morning papers had five additional days o£ publication, The
Bulletin's advertising business for the month exceeded the Call's
by 6117 inches, the Chronicle's by 7565 inches" and fell only 1706
inches behind the Examiner V
Excluding "Sundays, The? Bulletin published more advertising
in May than any of the morning papers, including the; Examiner/
Here are the figures-
Published Inches -of
Advertising: Call. Chronicle. Exanitncr Bulletin.
Daily,' not including Sun-
day editions 11 ,055 10,049 1 5,207 23,091
Five Sunday editions... 5,919 5,477 9,590 No issue
Total, including Sunday
editions , 1 1 6.974 1 5,526 24,797 23,091
Bulletin : exceeded Call, daily ; : . . . . - . . 1 2,036 .
*"" Bulletin \u25a0 exceeded \ Chronicle, ' daily 1 3,042
Bulletin 'exceeded: Examiner, daily % .47,884
Bulletin- exceeded CaU, 1 including Sundays, 6,1 17
Bulletin exceeded Chronicle, including Sundays . .
Examiner exceeded Bulletin, including Sundays.... .* 1,706
A<!vertising business is, of course, the life of a newspaper The
subscription price o*f a newspaper does little more than pay for the
white paper The amount of advertising done. by a newspaper is,,
therefore, the surest test of its prosperity
The Bulletin's circulation increases steadily and its dailycircu-
lation (opiHting Sundays)' is larger .than that of any. other news-
paper in California.
whom money was actually paid to is
there?" demanded Heney.
"No," answered' the witness. "That's
right." j.y/^%;
"What's the purpose of keeping
books in that way?" was the next
query. There was an objection and the
question was stricken out. Then Heney
made his demand for the elimination
of Starr's testimony concerning the car
strike, and the end came quickly.
During the taking of the last bits
of testimony the courtroom was star
tled when Heney turned in his chair
and cried, "Call Mr. Pauduveris to the
stand." The name of the missing wit
ness of the Gallagher dynamiting cases
caused a momentary sensation in the
courtroom. Spectators aroused them
selves as though electrified and the
attorneys for the defendant turned
startled glances toward the body of
the room. Heney grinned and seemed
to enjoy the sensation, for the man
he- was seeking was not Felix Paudu
veris, the dynamiter, but the latter's
brother, Dionysius Pauduveris of Oak
land. The witness simply testified that
he had not seen or heard of his brother
since he fled from San Francisco when
the dynamiting exposures Qccurred, and
did not know his whereabouts.
Golden M. Roy, at whose home the
trapping of Supervisors Lonergan,
Walsh and Boxton took place, told the
details of the carrying out of -the plan
whereby the city officials were caught
in the act of taking bribes. Mrs. Alex
Lathan and acting Treasurer Adam M.
Dahler of <he United Railroads were
recalled to the stand for a short time
to fill in certain details of testimony
neglected when they were first on the
witness stand. "f">* : ?"'
Court will be called at 10 o'clock
this morning.
Two Witnesses Coming
EUREKA, June 10. — Miss Frances
Hitchings, a school teacher of this
county, and L. D. Maroney, a long sought
witness in the trial of Patrick Calhoun
in San Francisco, left today on the
steamer City of Topeka with H. J.
Laurentsen, a detective connected with
the prosecution of that case. Both
Miss Hitchings and Maroney are under
subpena to appear on the witness stand.
Laurentsen -came here several^ weeks
ago and served a subpena oh Miss
Hitchings, whose school is in the south
ern part of the state. She accompanied
him to San Francisco, but although put
on the stand, Maroney' s testimony was
thought necessary to substantiate her
evidence. Maroney was located a few
days ago and Laurentsen's second trip
to Humboldt county followed.
It is reported here that s Miss Hitch
ings, while in Harris, where her school
is located, overheard . a conversation
bearing on the San Francisco case be
tween John Helms and Maroney, who, it
is alleged, is a former detective once
In the employ of the United Railroads.
DENIES BIG RAILROAD MERGER — St.
Paul, June 10.— I»uls W. . Hill; president of
the Oreat '\u25a0 Northern ' railroad - company, ...today
emphatically denied the ' report from New. York
that J. J. Hill, chairman of. the Great Northern
board of directors, had . found ; a way :to merge
in a single corporation : the Great - Northern,
Northern raclflc. Burlington \u25a0 and the Colorado
and Southern railways under the \u25a0 broad charter
provisions \u25a0of the latter road.
Always' phone "Kearny 86 and ask for
the "ad man" when you want anything'
You will find. that The Call's want ads
will do business for, you every day in
the ' week. To rent i rooms, obtain ' help,
secures. positions* sell real estate/ etc..
The Call's classified ads are "unexcelled.
Phone or drop a line to The Call today.
SHE SAN vPRANGISGO GALL; EBIDAY; JUNE 11, 1909.
A LETTER OF APPRECIATION
THAT SPEAKS FOR ITSELF
.SUNNYSIDE IMPROVEMENT CLUB
MEETS EVERY THURSDAY EVE., 211 SUNNYSIDE AYE.
A. F. KORNMEYER, Pres. JOHN TEGETHOFF, Treas.
H. BISHOP, Secretary, 410 Foerster St.
SAN FRANCISCO, June the 4th, 1909.
N y Messrs. Rogers & Stone Co.
Gentlemen:
At our last meeting, which"' was attended, your
advertisements in The Call of the 3d 'inst. were exten
sively commented upon, with the result that a motion
was made, seconded and carried unanimously .that we
express to you our appreciation and admiration for
the able and effective write up and illustrations of
Sunny side, thereby rendering our district a most val
uable service, which will always be remembered by
every fair minded property owner, and especially the
memb ers of pur club, with heartfelt gratitude. . Values
of Sunny side homes have been enhanced through
your able efforts as they never were before. Wishing
you every success, which you justly deserve, we re
main, yours sincrely ,
THE SUNNYSIDE IMPROVEMENT CLUB.
•-/, Per H. BISHOP, Secretary.
CHIEF COOK AFTER GANG
RUNNING LOTTERY GAME
Issues Orders to Arrest AH Per-
sons Involved in Scheme
Chief Cook was notified yesterday
that a gang; of men' who have; been
operating, in- other cities have com
menced operations , in, this city in run
ning lottery schemes. The chief •\u25a0 at
once issued "-the if. following order, to
company commanders: ; , . .>,
It has I>ppi] reported to rap that automobiles,
watches, suits of .'clothes and other articles of
merchandise, are beln(j disposed of by lottery In
cigar -, ftores ;\u25a0 and .. other places i- throughout < the
city. '".,., The I articles 1 above | mentioned | are j being
distributed i by means •of numbers on \u25a0 a card over
which a piece" of paper. is pasted and, a' number
at ' the top : of >-tue card .- OTer which \a; piece of
paper is also pasted. -.':.• \u25a0.'\u25a0•' -\u25a0- - ;
When all thp numbers are sold the number a t
the top of \u25a0; the card -/Is exposed and - the • person
holding that ; number draws i the : prize, - whatever
It may = be. fTnts is a: lottery * pure ; and simple
and Is a violation ; of /section ' 310 /of penal
code, and . any ' person * selling , : these . chances .is
aiding, and abetting, a lottery, and. is 'guilty of. a
misdemeanor..;/:;-. • ;.l';''-i '.-'-.'?\u25a0' ''\u25a0 ? . y r ---"/\u25a0;-\u25a0 , i ';:\u25a0\u25a0 ; -*:*
:. .You ;wlll- Jnstruct" your .officers '.to arrest ;;all
persons conducting this lottery ; scheme ; and 'see.
to " It • that It : is not . allowed . t" ; operate » in '\u25a0 this
clty."';MHkc reports of all arrests and disposition
of cases in the police court*. "-'\u25a0 -. '
I?hese Are the Actual Facts
Advertising in San Francisco newspapers for month of
; NOTE.~~~Tnese measurements are made by Arthur I. Streets Pandex
System— by outside people, who are not on the staff of any newspaper. \u25a0\u25a0
CALL CHRONICLE i EXAMINER -BULLETIN
tl T it. V (It» Own Rrures)
S- 37921 37072 56286 23091
UIQ/rai U'ltulffl KJxJGkaivJxJ hrtfj%\j S A
Inches ; . Inches V Inches Inches
Cdmpare-these actual figures witH the Bulletin's mis-
leading statement in its editorial: of June 5, 1909,
reproduced herewith, as follows:
CALL CHRONICLE EXAMINER BULLETIN
*» 16,974 15,526 24,797 23,091
Inches . Inches Inches Inches
The San Francisco Bulletin constantly publishes garbled and misleading
If the Bulletin's circulation; "increases daily," as claimed in its
editorial, why does it fail to publish the official findings of the
Auditor of Association of American Advertisers, who recently
examined its circulation? G an it be possible that its circulation
claims are as misleading as its published advertising figures?
WHY CANNOT "THE BULLETIN BE
HONEST IN ITS DECLARATIONS?
UNITED RAILROADS MAN
WILL BE PROSECUTED
Alleged Criminal Carelessness
in Causing ; ->Victim*s Death
Acting upon the verdict of a coroner's
jury ln_the.case. of John' Abrahamison,
who was killed by a. Valencia; street
car the night "of Juno .3, Chief of Police
Cook will take. immediate, steps i 'toward
the prosecution of the motorman'of the
car, John Reid, who ;was formally
charged fn the. verdict with criminal
carelessness. ... -V-
rv Because of the lack of evidence to
prove : suicide trie coroner's jury, act
ingin : the v case of Mrs/" D. E.VWatrous,
rendered : al verdict . that her death was
due to; accident. „. : ; • ;»
• 'Mrs.. . Watrous was : lodging: In a.
house at 225 .Kearny "street" and 'the
night of rf June : 3 was killed by; falling
from; the-;fourth floor < of the building
to) the? street: -
\u25a0", IEON THIEVES s GET i LIMIT— John Sullivan
and.. Frank McOlnarty,: who i were caujtht.- steal-
Ing i an '•. lroi\ beam ;\u25a0 from <-.iS. lot' at /Fourth \u25a0< and
Fr*>elon street*. ." wwe ; each sentenced to serve
six months '. in UnT county ! jail yesterday. "-•?;.\u25a0
'.',""\u25a0".' \u25a0\u25a0\u25a0\u25a0\u25a0\u25a0\u25a0 j'l ; ; * , '/'--jy:-
HOME BUILDING IN
SUNNYSIDE TRACT
Eighty -five Permits Granted in
One Month for Erection
o? Houses /
• Sunnyside, one of the notable addi
tions now being built up, has estab
lished a new precedent in San Fran
cisco realty in regard to the phenom
enal sales consummated, its popularity
as a site for. the home seeker being
shown by the fact that no- less than
85 permits, have been granted for the
erection of buildings there within the
last month.
33.1/ MODERN" CONVENIENCES
The low price of the lots, the best
car service in the city, together witn
the easy terms of purchase, are factors
which are being appreciated by tne
public. The real estate firm, the Rog
ers &. 'Stone company,' which is • han-
l\^l^lll^tOll
' The New Models 10 # and 11 demonstrate the highest development
V;of the writing machine.
/ Remington Typewriter Company
/ 276 Bush Street (Mill*^Building), San Francisco, C*l.
dling the addition, has gone to consid
erable expense in improving the prop
erty, with the 'result that Sunnyside
now boasts of electric lights, water
and, in fact, every modern facility and
convenience.
Hundreds of home builders, wearied
of the continual paying of rent, and
desirous of having a place of their
own, have flocked to Sunnyside.
Ot the S5 permits granted within the
last month 47 homes nave been com
pleted and 3S^are under the course of
construction.
HANDSOME NEW SCHOOL.HOUSE
So great has ben the rush to that
locality that in Sunnyside there is now
a. community of over 2.000 persons, and
the city found it necessary to erect a
schoolhouse, which- was recently com
pleted at a cost of $55,000.
T.he Sunnyside district is peculiarly
free from winds, protection being af
forded from this annoyance by the
great St^tro forest. The Sutro forest is
looked upon also as another reason for
an investment in Sunnyside. as the
probabilities are that it will eventually
be converted into a city park, thereby
enhancing to a considerable extent the
value of the adjoining property — which
is the Sunyside district.
rAPTATV HUGHES' TOOTH AT s«n». r
t S in rJ^£^^,*l?lEsr?r'l *nt \. r n™J
Jnne Ul.—Capt.inJ* alter Srott Hujthes Inited
States naxy. retired, who died her* Sunday
after 33 rears serTice. was irlTen an irapres-
bltp naral funeral, serrfc* today. Rer; F. O.
Williams of Cavalry Episcopal church officiating.
The local division of the naval militia partlcl-
pated.
SHORTALL TO RULE
ON M'CARTHY LIBEL
Question of Sufficiency of Com*
plaint to Be Decided by .
Police Judge Today
Attorneys Argue Case on Legal
. Points and Decision Is
Reserved
— — • -. . ,
Police Judge Shortall wilt rule this
morning whether or not P. H- Mc-
Carthy was libeled by The Call when It
published news of the conference of
McCarthy, ilulcrevy, Casey, Finn and
Jere Burke. The case was submitted
yesterday aqd the court announced that
It would decide it at 10 o'clock this
morning. If the court's decision is
that there was no libel the case will
be dismissed; otherwise John D.
Spreckel3, Charles W. Hornick and
Ernest S. Simpson will be held for trial
in the superior court.
' In arguing the case yesterday At
torneys Walter Bacon and Dudley
Sales, appearing for the defendants,
contended that the complaint dW "not
set up a cause of action and that the
article complained of did not constitute
libel.
JUDGE SHORTALL SMILES
Attorney Cleveland L. Dam. repre
senting McCarthy, declaimed passion
ately of the alleged heinousness of the
article and boldly insisted that it con
stituted what the law calls libel per
se. Police Judge Shortall smiled broad
ly when this latter contention wa^
made and directed Attorney Bacon n>ix.y
to bother about answering It, as life
\ did not attach serious importance to it.
Attorney Dudley Sales pointed. Out
that, although the claim was made that
McCarthy would have sacrificed the
rights of union labor by attending the
conference, all that was alleged to
prove this was that there was a re
publican machine and a labor party,
and that McCarthy was a labor leader.
"If the pleader had set forth the
| peculiar character of the republican
j machine." continued Sales, "and had
explained why a man conferring 1 with .
its leaders would sacrifice his party,
the pleadings might have been suffi
cient. But we have no idea from the
complaint what the rights of the union
labor party are. We are not shown
that the Southern Pacific machine is an
octopus that devours any party whose
leaders confer with it.**
In reply Dam laid stress upon the
doctrine of judicial notice, and growing
bolder, declared that he would show
that the article was not only libelous
by innuendo, but also per se.
"Is it libelous per se to discuss poli
tics with the leaders of a rival party? "
asked the judge.
"It is libelous per se." thundered
I Dam. "for a leader to sit down for the
purpose of delivering his party to an
\ other party for his own profit. It \s
; the greatest of treachery. It makes
; that little act of Benedict Arnold pale
into insignificance."
Referring to the article as "scurri
lous," Dam told of the excitement it
caused in the union labor conference
committee. He characterized The
Call as the organ of the present ad
ministration" and said that McCarthy
was regarded as a menace to the
administration.
"The Call didn't publish this article
because it loved McCarthy." he said;
"it looks to me very much like libel
per se."
Bacon turned a bright light on the
inadequacy of the pleadings of the
complaining witness by showing that
It would have been necessary, to prove
libel, . to make out Jere Burke a dls^^f
reputable character. *
"They ask you," declared Bacon, "to
take judicial notice of the fact that
Jere Burke is a scoundrel, but they
refrain from alleging it. Why this
| reticence?"
Judge Shortall announced that he
would render hU decision at 10 o'clock
this morning. .
TRADE JOURNAL THAT
OCCUPIES NEW FIELD
Western Fisherman and Packer
Makes Fine Appearance
Western Fisherman and Packer has
made its initial bow. It is an attractive
monthly ably edited by It. M. Wood and
should cover a field which has long
been neglected by trade papers.
The publication is to be devoted to
the fishing and packing Industries.
Volume 1. number 1. consists of 2i
pages, in which general news and gos
sip are given. There are tables show
ing the nsh pack and also tables giv
ing the exports and imports by sea of.
fish s»nd nsh products.
The movement of the codfish fleets
and the current prices of canned fish
and vegetables are given. The com
pleteness of the first number indicates
that the field mapped out by Editor
Wood is to be fully covered by West
ern Fisherman and Packer.
ISCOSPOaATIOJI OF CO LLEGE—Article of
incorporation of the Californta College of Art
Tanc<J3 Therapeutics were filed yw-terday. It Is
formed -to teach every nranrb of adranee.!
therapeutic* known at present." The • dlrec
tors are S. E. Buswell. ErarHla B. Youn*,
Harry «!11. Victor <T? Brock Richard Youns.
A. U Curry. W. Vernon Becker. Elma McGlll
and Franete R. Cutting.