Note 440 — Chapter XXVI · The Calhoun Trial.

The following statement was published over the name of Otto T. Hildebrecht, one of the two jurors who had voted to convict:

“As soon as we entered the jury room, I overheard a crowd of the jurors in the rear of the hall shouting ‘Acquit! Acquit!’ We then proceeded to name a foreman. This matter disposed of, the members began balloting.

“In the first half hour three ballots were cast. On the first vote it stood 8 to 4 for acquittal. On the second ballot Maguire succumbed to the pressure. I called upon him for his reasons for changing his vote and he replied: ‘Oh, these corrupt conditions have always prevailed in San Francisco. The Supervisors in this case are no different from the other men, who have filled those offices. It will always be like that.’ To combat this attitude on Maguire’s part, I stated, ‘Well, it is time to stamp out the crimes in this, city. In order that the evil may be corrected we must put a stop to it.’ This seemed to have no weight with Maguire.

“The next ballot showed that Anthes had gone over to the others. From him I secured this information: ‘Oh, why I always vote with the majority.’ I said, ‘Why, how can an honest man take that view of the matter?’ I have taken an oath and at that time announced that I would try this case solely on the evidence.

“It is plainly pointed out in the testimony of Sanderson that Calhoun was present when Ruef said, ‘This thing will go through on Monday. It is all settled.’ This produced no impression upon the others, although I argued that such testimony alone proved Calhoun’s guilty knowledge of the plan to put the deal through when he remarked in answer to Sanderson’s query, ‘Then you won’t need me?’ ‘I don’t think we do.’

“I then asked the other jurors to come into court, they contending that Ruef had carried on the conversation with Sanderson and that Calhoun was an innocent witness. We asked to have this testimony revealed and the jurors filed into court. Upon returning to the jury room we renewed our deliberations.

“The other ten jurors came at Binner and myself and sought to induce me to stretch my imagination to the end that Calhoun had paid the money to Ruef, but only as a fee. They acknowledged right there that Calhoun had paid over the money but they argued that he didn’t know that the money was going to be used as a bribe to the Supervisors,—only as a fee to Ruef. After that I knew that these men had purposely taken the wrong view of the whole matter. I had called them to account for the remarks that the testimony throughout the case was all purchased and that Heney had held the whip over the Supervisors. Thereupon they backed down on that stand and made their whole plea on the ground that Calhoun had given the trolley money to Ruef as a fee.

“I disagreed on the ground that Heney, Spreckels and the other members of the prosecution were not on trial as they insisted, and that the other matters, such as the theft of reports and suppression of testimony, had only been touched upon during the trial to prove that Calhoun knew that the bribery deal had been carried through.

“‘Can’t you give Calhoun the benefit of the doubt, that he paid this money as a fee?’ was the burden of the others’ argument. ‘I would be willing to extend him every chance,’ I replied, ‘but why has he not introduced these vouchers of the United Railroads in court, then we might see what was paid to bribe the juries in the Ford trials.’ After this they dropped me like a red-hot stove. I seemed to have struck home. It was a terrifying ordeal to stand off these ten men for twelve hours, but I held firmly to my course and voted throughout upon my conscience. I should have been ashamed to have lifted my head in the future had I fallen down and voted for an acquittal. When the deputy, Mr. Coyle, called to convey the word to Judge Lawlor as to the clearness of an agreement being reached, I met him at the door that night. ‘We shall never reach an agreement,’ I replied, ‘unless these men come over to my side. That I fear shall never come to pass.’ The claim has been made in the Globe that I asked for a secret ballot. That is an untruth, as is the statement that I am a Socialist. Not that I am opposed to Socialism, but I have never been inclined to their views. Our political outlooks differ. When I told Coyle that there was no chance of a verdict being reached, the other jurors, one of those standing alongside of me, punched me in the ribs in an effort to make me shut up, as they figured that they ought to be able to convince me. I have received letters from all over the State; friends and acquaintances, even utter strangers, congratulating me upon my stand in the Calhoun case and my vote for conviction.”