Note 381 — Chapter XXIII · The Defense Becomes Arrogant.

The following from the San Francisco Argonaut of May 2, 1908, is fairly expressive of the attitude of the San Francisco weekly press on the attempt on Gallagher’s life: “Mr. Heney in so far as it lay in him to do it, ‘placed’ the ‘crime’ upon the ‘minions’ of Calhoun. The other independent and all-seeing minds of the prosecution’s staff fell in with this theory of the case. So far as the so-called graft prosecutors are concerned there is no mystery about the matter—the explosion in Gallagher’s house was nothing less than an attempt to assassinate that eminent worthy for the sake of ‘getting him out of the way.’ This theory has to face several embarrassing considerations. In the first place, Gallagher’s testimony has been given again and again, and stands as an official record in a half-dozen instances. Getting Gallagher out of the way would not, therefore, do away with his testimony. Furthermore, there are other witnesses competent to testify to every vital fact in the Gallagher story. So far as the immediate case is concerned, Gallagher has already given his testimony and the effect of ‘getting him out of the way’ would be only to emphasize his statements. Furthermore, if there had been any wish to get Gallagher out of the way there has been plenty of chances to do it any time this year and a half past. If assassination has been part of the scheme of the defense, there have been ten thousand opportunities since the striking of that famous bargain between Spreckels and Gallagher inside the Presidio gate. The thing might have been done, too, without hazarding the lives of half a dozen women and children.”

In view of the inability of Mr. Langdon’s successor in the District Attorney’s office to make effective prosecution of the graft cases, on the ground that Gallagher, who had left California, was absent from the State, and that his testimony was necessary to secure convictions, the Argonaut article makes interesting reading.