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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, August 04, 1910, Image 8

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FICKERT WANTS LAWLQR TOFAgE THE GRAND JURY
LAWYER ORDERED
TO KEEP SILENT
Prosecutor Demands Immediate
'r, Hearing, Which Is De=
nied by Court
Attorney's Assistant Protests to
v Judge With Tale of Hon«
- est Farmer Boy
(nnliniipd From. Pag« 3
\u25a0have. followed the law, as your honor
V?hpul.d have followed the law."
"I have directed you, Mr. District
' Attorney," cautioned the judge, "to
•take your seat I trust you will not
put yourself in conflict "with this court
FJCKERT IXSISTS
."I am going to insist upon my right,
if your honor please — " Fickert in
sisted.
: V.I have directed you to take your seat
arid defer your remarks until the court
deems" it pertinent to listen to you,"
'paid the judge.
"I am a public official," the district
attorney went on. "I have certain
rights here, and I am going to insist
upon those rights."
-..••You will take your seat."
"Then you deny me the right to re
ply to your*
. "I do deny you the right at this time."
Everybody in court expected th^at the
district attorney was also going, to be
adjudged " guilty of contempt, but he
terminated the situation by sitting
down with the remark:
"Before taking my seat 1 desire to
. ftate that the statements and asper
eions you have tried to cast upon me
are false in each and every particular."
. ' .A. A- Moore broke in again with a
stinging attack on the judge.
'. "I do not quite understand your
honor," he sneered. ."I tried to line
myself up here as being in thorough
: accord in holding your honor in very
thorough detestation as an absolutely
contemptible man. Whether I am in
'.contempt or not I do not know."
"I adjudge you guilty of contempt for
the second time and -order that the
fsme punishment be imposed," Judge
"Lawlor responded.
Walks into custody
• ""I/will go into custody." announced
Hhe lawyer, and in saying 'so he stalked
idramatically to the place where his
son was sitting and sat down by his
\u25a0side.
. ' Then Barrett rose in his place and
placed himself in contempt of court.
I-n a little while he was sitting beside
tlie Moores, pere et fils. r
: - -'"I want to register on beh"alf of the
defendant, Mr. Calhoun, a most serious
:"anJ solemn protest," paid Barrett. "In
his behalf I want to say he considers
ilhfe proceedings of today infamous, that
his. rights have b*»en trampled on, that
the- attempt to silence him In view of
Ithat proceeding — in view of that ad
dress which your honor has on his desk
'. typewritten — I assume to hand to these
: reporters to go broadcast — without a
denial by Mr. Calhoun, a citizen em
inent in this state and in this country,
or -.the right through his chosen coun
sel to reply to those insinuations and
•to let his answer to them go out with
the document — is the most unjust and
oppressive ruling that was ever made
'm an American court of justice. I
.\u25a0>vant to protest in the name of Ameri
cans, I want to protest in the name of
..my. profession, I want to protest in the
• name of the law. I want to protest in
"tlae name of decency, that to level that
kind of a document at these defend
ants, and to then, under penalty of
sending their counsel to Jail, deny them
an opportunity of replying to it. Is
\u25a0 taking this case out of the sacred tem
ple" of justice into the political arena.
: Your honor being a candidate for office
"at this time, and having 1 postponed
\u25a0 these cases until the eve of the pri
maries, your honor should not be guilty
• of. any such oppression and any such
Injustice. In the name of Mr. Calhoun
Lwar.t tor register that now, and I only
rVgret that I have not got more severe
language in which to expreEs his indig
• ration and my own."
BARRETT SE.VTE.VCED
. Judge Lawlor, when he was able to
make himself heard, said:
"The court holds that the language
of counsel is entirely contemptuous,
;t!i;it it is intended to be contemptuous,
sn<j that it is not for the purpose of
registering any right of the defendant,
and therefore adjudges him guilty of
contempt of court and orders as a pun
ishment that he be confined in the
county jail for the term of five days."
"At this stage Assistant District At
torney Lane Interposed with his spir
ited defense of his chief, referring to
the days when they were college mates.
.He "said:
"I am addressing my remarks as a
matter of personal privilege as a pub
lic official, as an attorney and as an
officer of this <?ourt, with reference
to one feature which seems by the
.language used to have been an insin
[ml CONCEIVE OF A HANDIER AND PRETTIERvM^V
/Ml FORM THAN THAT WHICH IS PRESENTED \m\
ml inCRYSTAL domino sugar \i\
IB| I FOR MORE PERFECT PURITY, l^C^^® s^^!!
|H| NOR ECONOMICAL PEOPLE ji^l^ V^f S Sv II
JUDGE NEGLIGENT, SAYS
THE DISTRICT ATTORNEY
\u2666 BlMtrict Attorney Fickert made the following* utatement yesterday <>
1 afternoon concerning the morning's happening* In Judge Lawlor'g conrti \\
X "If Judge Lawlor has knowledge '\ of my doing any unlawful or \u25a0',[
t criminal act, it is his duty to bring- his- knowledge 1 to the attention of «•
f the attorney general' of the state. If he fails to do that, he is, in.my ...
| opinion, guilty of compounding a' felony. In my references in court
I this morning to Jsringing the Judge before the grand jury I intended ;;
t to mean that I would, if possible, have him go before the grand jury <>
4 to substantiate his allegations against^_me, if he is able to do so. I <!
t did npt^mean that I would have the grand jury investigate^udge Law- ][
\u2666 lor's conduct. Only the legislature can remove a superior judge, and "
\u2666 proper impeachment proceedings msut be instituted. I have not yet \u25a0<>
decided, whether I will move the grand' jury to act in the matter, but <|
J probably I will do so. . <\u25a0
\u2666 "When I attempted in court to state my own conclusions with <•
\u2666 reference to the reasons for the 'disappearance of James J. Gallagher, ',',
\u2666 Judge Lawlor refused to permit" me, but promised to let me reply later +
t on. I presume that will be after the' election. I believe the reason he <>
i refused to let me make a statement was because he 'knows the tran-o
f script of testimony shows that Gallagher, Burns and Heney left. San '[
\u2666 Francisco at approximately the same time, and that Burns knew Gal- °
X lagher was going. It is indisputable from the testimony that Burns' o
men were in constant attendance upon Gallagher, and knew that he *'
t was making preparations for his departure. The evidence also shows °
I negligence on the part of the judge, because he failed to have Gallagher <\u25ba
J kept under subpena." . '
uation against an \u25a0 honorable and
honest man, and I do not believe your
honor intended it to be an insinuation,
because I have always believed, rightly
or wrongly, that your honor was
prompted by honest motives, and I do
so* believe now. The language to
which I refer is this: 'That Mr.
Charles M. Fickert, district attorney,
in all of his acts in the progress of
these cases has followed the lead of
the— Jefendants.' And I say to your
honor' that I am personally well
acquainted with' Mr. Charles M. Fick
ert. I know • him and I know his
record. I have been among the people
with whom he summered and with
whom he wintered and with whom he
ate and drank and slept and with
whom he struggled in the early period
of his life.
"I know the secrets of Mr. Fickert
with reference to my appointment, and
I know that there was a struggle, and
I know that he saiJ to me only one
thing — and that was this — that there
was absolutely no tie or string, that
the, duty Incumbent upon the holder
of that office should be carried out.
And I know that it is not true that
Mr. Fickert followed tlie lead of any
defendant. He follows the lead of a
pure conscience and the lead of a
sense of duty, and I know that that
young man out there on the ranch in
the mountains, struggling, coming at
an age whin most men are out of
school, to get his first rudiments of
knowledge, entering the university as
5" special, struggling, a great, big,
awkward, pure minded, honest, farmer
boy, walking up and down the campus
with t^ars in his eyes and sobbing at
the indignities and insults and oppres
sions which he had to undergo, such a
green, ignorant, overgrown farmer
boy, struggling to come to the front — I
say to your honor that that language,
if I caught it right — I hope I did
not — but it seems to me that a pro
test should be lodged against such
language, because I know that Charles
M. Fickert followed the lead of no de
fendant, but he followed the lead of an
absolutely upright conscience."
FICKERT REPLIES ' s!
When Lane sat down Fickert took up
the parable. He saidi
"I want to say that If I have been
guilty of the things your honor has
said and intimated I should be pun-,
ished for it. If I have any right to
bring you before the grand jury I am
going "to do so. Call in the attorney
general, if you please; let him take
my place; let him investigate my.of
fice; he has the right to do so. But I
am not going to come Into this court
and be insulted every time I come in
here, and I want your honor to under
stand tßat." ..*, •
"Take your seat," directed the judge.
•'I statted 1 on one occasion 'that I
would see the presiding judge and
have him assign . criminal cases to
other departments," Fickert went on.
"Will you take your seat, Mr. Dis
trict Attorney?" asked his honor.
"And I am going to. do that again,"
said Fickert.- The order to resume his
seat was repeated by the. judge to the
district attorney three times before
Fickert obeyed it. saying:"
"I will do so after again stating that
thos,e aspersions are false."
CALHOUX SPEAKS rf^Vl
Calhoun now pushed himself into
the center of the stage. In oratorical
tones, beginning softly as a cooing
dove, his voice gathering in volume
untH it altogether overpowered l the
judge's repeated attempts to interrupt
him, the president of the United Rail
roads said:
'May it please your honor, I have
been educated, sir, to have respect for
the courts. I have sat tn your court
under circumstances that would have
tried the patience of any American.
Throughout these trials I have sought,
sir.'to give you under, most trying cir
cumstances that respect to which your
office entitled yo&V.,-But, sir, I can not
THE SALN~: PRANGISCQ GALL, THURSDAY,- AUGUST 4, 1910,
sit quiet and listen to the vile insin
uations that you yourself have stated
there was rip evidence before you to
justify. There have been periods, sir,
when the greatest honor that could
come to a man was to go to jail; and
as an American citizen - 1 -'say to you
that If you should send me for con
tempt ft will be heralded all over this
country as an honor. You have seen
fit, sir, to send three of the most dis
tinguished counsel of this state to jail.
Why? Because they have sought- to
express in terms of respect, "and yet in
terms of strength, their protest against
Injustice "
"Mr. Calhoun— — " interupted "the
judge, -f.
REFUSES TO BE SILENCED
"There Is a time — pardon me, your
honor," went on the defendant in his
loudest manner, "when every man has
a right to'be heard "
i "Mr Calhoun " again interposed
his honor. "But Calhoun refused -to
discontinue his .speech.
"Before I take my seat," he said, "I
desire further to say this* that any-in
sinuation that implies either that I
was a party to any obstruction of jus
tice or that I was a party to the ab
sence of this witness, or that I have
sought to control the district attor
ney's ) office of his city, is untrue.
There is no" evidence before this court.
You yourself know, lt."
Lewis F. ByingtOn, who until then
had been quiet, now got himself on
the record.
"If your honor please," said Bying
ton. "for six months I have heard you
state that the defendants are going to
be afforded an opportunity to be heard
in this case. Will you fix a time now
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jytDH ' ' I I VA. Mm S pSI Jk\ IB -ML Hi B AH MB A A En '(SV \3L. Mm PI J^^^^^wßi KB mS- yaL. MB
GORONADO qmorgan ross, Manager) CALIFORNIA
AMERICAN PLAN
[oIUMMER rates, $3.so ;'fper .day' and^iip*
Inward. SgeGiaJ weekly mte^ ? 3^^Sl^fi
in every^respect. Our own water distilling N
and purifying plant insu^
system. Most equable climate in the varld. '
Golf, Tennis, E^p Sea aM Ba^ EisMngvi Ii
Bathing. Write or Telegraph (our expense)
Motor boats meet all passengers on arrival; V(
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334 South Spring Street " — I^^^^
when they can be , heard in answer to
the remarks of the court?" 1 -
Judge Lawlor left the- bench while
Byington 'was ; speakingr, and Calhqun
and his band of supporters turned ..to
leave the" court. The judge
however, his brief absence ' having ef
fectually quelled the disturbance. Upon
resuming the bench he directed. the dis
trict attorney to make out the orders
of commitment in- the contempt cases."
He said it was. not the disposition of
the court to embarrass any efforts the
counsel might make to test, the right t<J
have them punished, so far as actual
custody of the parties was concerned.
If it, was desired he would continue the
cases until a deflfiite time for the filing
of the orders of commitment. ' \
NO CONTINUANCB3 ASKED . ;
"We are not; asking any continuance,
your honor," and' have no intention of
asking any," was the reply of Stanley
Moore., , \u25a0
William M. Abbott then requested "a
reasonable "continuance," "and Monday
morning was agreed upon. A. A. Moore
seized this oppqrunlty forone of his
witticisms. :/\u25a0'
5 "Being constructively now in jail,"
he : observed, "I don't know that I have
any right to make an Inquiry, but I
dldn't'quite catch to what time my un
fortunate client's case was continued."
"August" 29," said the judge.
Stanley Moore noted an exception.
"Is it understood that the x parties will
be here next' Monday morning at .10
o'clock?" asked the judge. v
VYes, your honor," replied. the young
er Moore. , "And we note an exception
to the order adjudging us guilty of
contempt in each instance^ The parties
will certainly be- here next Monday
morning at 10 o'clock." , :
"With thatiunderstanding the parties
may go," Judge Lawlor directed.
And that remark terminated the most
exciting session of court in -San Fran
cisco since Francis .'j.-Heney- was shot.
MANY NEW MEMBERS JOIN
CIVIL SERVICE COMBINE
Federal Employes Unite in Sup
port of Retirement Bill
At a meeting of federal civil serv
ice employes at Santa Clara hall, 172
Golden Gate avenue, Tuesday night sev
eral hundred new members were added
to the 1,400 already enrolled. The bbject
of the association Is to obtain the pas
sage of a civil: service retirement bill
for aged employes.
James I. Donahue, first vice presi
dent,-intimated tl>at he had reliable
information to the effect that a re
tirement bill would be one of the first
things taken up by the next congress.
"Tlie United States." he said, "is one
of four countries that has not adopted
a plan to pension aged civil service em
ployes. Many corporations, including 21
railroads and the German savings and
loan society of this city, .have adopted
such a policy." '•'.'\u25a0"-: . :
Other speakers showed that although
congress, because of the high cost of
living,, had' raised'the salaries of legis
lators, executive officials, clerks, army
and navy officers and political em
ployes, it had only added hours. to the
day of the civil service employe. !in
some cases .even lessening the pay.
The. civil service retirement associa
tion has now 360,000 members through-;
out the country. The local "branch; "will
organize subbranches in other parts of
i the state, and will hold monthly meet
ings in the futore. A branch is already
beips formed in Los Angeles.
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