[283] Dean John H. Wigmore of the Northwestern School of Law at Chicago, author of Wigmore on Evidence, made sharp reply to this contention. In a letter to President Calhoun, dated August 10, 1909, Dean Wigmore said: "Chicago, 87 Lake Street, 10 August, 1909. "Mr. Patrick Calhoun, San Francisco. "Sir:--Recently there arrived in my hands by mail, with no sender's address, a pamphlet of ninety pages, entitled 'Some Facts Regarding Francis J. Heney.' On page 12 your name appears as a printed signature. I am assuming that you caused the contents to be prepared and mailed. "The pamphlet contains assertions reflecting on the conduct of Francis J. Heney and the Federal Department of Justice, in taking part in the prosecution of a criminal charge of bribery in the State Court of California against yourself. The pamphlet contains no defense of yourself; it does not even mention your name, except as its signer and in the title of exhibits; much less does it allege or attempt to show your innocence. It merely asks an answer to 'three important constitutional and moral questions' affecting Mr. Heney and the Department of Justice. "Before answering those questions, let me say that this does not appear to be the method of an innocent man. The public press has made notorious the charge against you and its prosecution by Mr. Heney. Thoughtful citizens everywhere have discussed it. Many (not including myself) had assumed that you were guilty. You now appear to have spent a large sum to print and circulate widely a pamphlet concerning the case. Anyone would expect to find the pamphlet devoted to showing your innocence; and thus to removing unfavorable opinions based on casual press dispatches. An honest man, desiring to stand well with honest fellow-citizens, and possessing means to print, would naturally take that course. You do not. Your pamphlet merely attacks the technical authority of one of the attorneys for the prosecution, incidentally abusing two judges. This is not the course of an innocent man. It is the course of a guilty man who desires to divert the attention of the tribunal of public opinion. The tradition is here fulfilled of the attorney's instructions to the barrister acting for his guilty client, 'No case; abuse the opposing counsel.' I am compelled now to assume that you have no case, because all that your expensive pamphlet does is to abuse one of the counsel for the prosecution. Until now I have supposed it proper to suspend judgment. I do so no longer.