“The witness, Spreckels, is now upon the stand, and we won’t object to their asking him anything on earth, from the time he was born down to the present day, to the present minute.”
One of the most frequent charges which had been made against the prosecution was that it had expended money wrongfully. Rogers asked for a statement of the prosecution’s receipts and disbursements.
Mr. Spreckels announced his willingness to account for every dollar expended, but refused, until he should be directed by the Court, to give the names of the contributors to the fund.[433]
“Will you,” broke in Heney addressing Calhoun’s lawyers, “produce an itemized account of moneys expended in the defense of these matters?”
“I beg your pardon?” questioned Rogers.
“I say,” said Heney, “will you produce an itemized account of moneys expended in opposition to these prosecutions?”
The defense did not seize this opportunity to clear itself of the not unreasonable suspicion that money had been used to influence jurors to vote for acquittals; to get witnesses out of the State; to corrupt agents of the prosecution; and perhaps to attempt murder. On the contrary, the attorneys for the defense denounced Mr. Heney’s suggestion as “misconduct.”
Mr. Spreckels stated his willingness to furnish itemized statement of the prosecution’s expenditures. This he did. Furthermore, he submitted himself to rigorous cross-examination regarding the items of his account. But the clever attorneys for the defense uncovered nothing upon which charge of wrongful expenditure or questionable methods could be based.[434]
The charge that Spreckels had engaged in the Graft Prosecution to injure the United Railroads came to as sorry an ending. By competent witnesses it was shown that the prosecution had been planned, and the preliminary work done, before the bribe-money in the trolley deal had passed. Furthermore, it was shown that Spreckels had offered to assist Calhoun to have the time of his franchises extended, if such extension were necessary for practical installation of the conduit electric system, asking only that the unsightly poles and overhead wires be not inflicted upon the city. It was only when Calhoun, dealing with a Board of Supervisors suspected of corruption, showed conclusively that he proposed to install an over-head trolley system, whether the people wanted it or not, that Spreckels and his associates organized their traction company. It was shown that the object of the organizers of the company was to demonstrate that the conduit system was practical for San Francisco. And, finally, the articles of incorporation under which the company proposed to operate, provided for the transfer under equitable arrangements of the proposed new lines to the city, should the city wish at any time to take them over. Mr. Spreckels and his associates were shown not to have had desire or inclination to engage in the street-car business. But it was shown that they proposed to fight for what they considered the best interests of the city of their birth and residence.
Another frequently-made charge had been that Heney was the attorney for Rudolph Spreckels, directing a privately-conducted prosecution.[435] As a matter of fact, Langdon, and not Heney, headed the prosecution, and Langdon let it be known at all times that he was the final arbitrator in all questions growing out of the prosecution. And at no time did he fail to assert himself. But at the Calhoun trial, the fishing expeditions in which the defense indulged, brought the facts out convincingly that Heney, far from being in Spreckels’ employ, or directly or indirectly receiving money from him for graft-prosecution services, or any other services, was giving his time to the city, without reward or hope of reward.