Thus, point by point, the allegations which the graft defense had for three years been making against the prosecution, were shown to be without foundation in fact. The bars were down, as Heney put it. Rudolph Spreckels and others who had made the prosecution possible, were under oath, and were prepared to answer any question that might be put to them. The ablest lawyers, cunning in cross-examination, selected, indeed, for their craft and skill in searching out the innermost secrets of witnesses, were there to question.
But not one statement reflecting upon the purposes of the prosecution, nor of its motives, nor of its methods, was brought out. The graft defense, free to question as it would, was unable to justify the insinuations of baseness of purpose and method; nor to justify its loosely-made charges against the prosecution.[436]
Indeed, the attorneys for Mr. Calhoun even resisted full discussion of Mr. Spreckels’ motives.
The intimation, so broad as to approach positive declaration, had been made repeatedly that Mr. Spreckels had inaugurated the graft prosecution for the purpose of injuring Mr. Calhoun and the properties which he represented—the United Railroads. On re-direct examination, Mr. Spreckels was asked by the attorney for the State whether, at the time he had first discussed investigation of graft conditions in San Francisco with Mr. Heney, he had had any idea of investigating Mr. Calhoun. Mr. Barrett, representing the defendant, strongly objected to this line of questioning.[437]
After a wrangle between the attorneys as to the matter of the witness’s motives, Spreckels was permitted to make a brief statement to the Court.
“My motives,” he said, “have been inquired into, and I have indicated to Mr. Rogers (Calhoun’s attorney) that as far as I am concerned the bars are absolutely down; I am willing to take the judgment of this community as to motives, as to my purposes and as to the truthfulness of my statements made here.”
Mr. Spreckels was finally permitted to answer the question. He answered in the negative.[438]
The defendant placed no witnesses on the stand. The explanation of their peculiar position which the United Railroads officials were looked upon to make when opportunity offered was not made. The denials which they had for three years been indignantly making through the newspapers were not stated under oath.[439]
The trial resulted in a disagreement. According to published statements, purporting to come from members of the jury, on the first ballot four jurors stood for conviction, eight for acquittal; on the second, nine for acquittal, three for conviction. On all the other ballots the jurors stood ten for acquittal and two for conviction.[440]
Immediately after announcement of the verdict,[441] the District Attorney attempted to bring Calhoun to trial for the alleged offering of a bribe to Supervisor John J. Furey. This the defense resisted. The community was filled with the suggestion that the Calhoun jury, having failed to agree, the costly graft trials should be brought to an end.[442]