The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-05
Flatly Contradicted His STATED
ment Made Under Oath the
Day Before.
COULD NOT HAVE so ADVISED
Arguments by Attorneys Thornton
and Henley on the History of
Judicial Oppression.

agree was by order of Judge Daingerfield
ordered locked up for the night.
The stroke of grace in the proceedings
was administered yesterday by Chief JUS
tlce Beatty of the Supreme Court and
Justice Van Fleet of the same judicial de-
partment, when they took the stand and
fatty contradicted the testimony of Judge
Hehbard on very important point
1t will be remem bered that Judge Heb
bard testified that before he appointed
General Sneehan as receiver of the bank
he called upon Justice Beatty and con-
suited him on the point of his not intend
ing to commit a contempt of court; that
Justice Beatty said 1--WE know what you
are doing; that's all right; go ahead" or
words to that effect
Justice Beatty declared on the stand
yesterday that he would not and could
not have used the language attributed to
him. His testimony was corroborated by
that of Justice Van Fleet
1t was conceded that the prosecution
had made out very weak case, taking all
the circumstances into consideration.
Thomas S. Williams Jr., the defendant,
was called to the stand bright and early
in the morning.
'Mr. Williams" asked Mr.. Henley,
you III Lie pIcSOnCc "a MI. odIlIOtIt
in Judge Hebbard's chambers, have a
conversation with Judge Hebbard in
which the Judge said to you, have one
favor to ask of you, and that is that you
go among your people and tell them the
truth, and that you said that you would
do so?"
No, sir; nothing of that kind was
said"
"Did he say that at any time or at any
placer"
Never, sir"
The witness was handed over to Mr..
Kahn for cross-examination.
DO you know who paid for those Cir
culars2'
The objection to the question was sus-
tanned.
This closed the evidence, with the ex-
ception of that of Justices Beatty and
Van VIiet and Mr.. Kahn requested the
court to limit the argument to two hours
on each side. The request was resisted by
Henley and Thornton for the defense,
they arguing that to limit the time would
have tendency to break up coherent
argument.
Chief Justice Beatty of the Supreme
Court came into the courtroom during the
discussion and was called to the stand as
a witness for the defense in rebuttal.
After the usual preliminary questions,
Mr.. Henley asked:
testimony here with regard to an alleged
interview between yourself and Judge
Hebbard on a certain occasion, while
some of that litigation that grew out of
the failure of the Peoples Home Savings
Bank was pending in the Supreme Court,
and the following language was alleged to
have been used: Judge Hebbard said:
Justice Beatty, have come here to fix it
so that could not be punished for con-
tempt of court Judge Beatty said:
Judge Hebbard, we know what you are
doing; it's all right; go ahead; you'll not
be in contempt, or something OF that
kind.
Then Mr. Henley added: 'Judge Heb
bard testified: OF course. don't pretend
to say that Justice Beatty told me to go
on and appoint a receiver; l don't intend
to he understood as saying that. wanted
him to understand that whatever l did in
the court below did it with the inten-
ton of not committing any contempt of
the Supreme Court.
The witness replied: "Well, Mr. Hen
&. ley, thelonly answer 1 can make to that is
that | don't remember having used any
such Language which would convey the
impre ssion that would seem to
convey. When my attention was called
by you to this matter some weeks ago,
with reference to Judge Hebbard's card in
the newspapers with relation to that sub
ever seen Judge Hebbard on that occasion
that | could not recall it. / afterward
spoke to Justice Van Vliet about it, and
he recalled some matters which revived a
very haZy recollection of the interview.
could remember about this much: That
Judge Hebbard did come there and say
something bout not wanting to act in
any manner that would be deemed con-
tempt of court, but what was said l could
not begin to recollect. He there wished to
discIaim any intention of committing con-
tempt, any to inquire whether in acting in
distinct proceeding it would be deemed
contempt of court"
Mr.. Henley asked again: do you
think it possible that you could ever have
advised Judge Hebbard that you knew
what he was doing, and to go ahead p"
II don't know" replied Justice Beatty
"how / should have known what he was
dong. ] certainly would not have taken
newspaper report as the basis for giving
my advice to any one. | certainly could
not have given him any advice"
"Was it possible that you would have
told him in advance of what your judicial
action would be in matter coming before
you in the course of your judicial investi-
gations?"
There was an objection to the question,
and Mr.. Henley said: II understand that
when Judge Hebbard published in the
newspapers a card purporting to give the
details of III interview with Justice
Beatty. he intended to have the people of
this City understand that he had con-
suited Justice Beatty in regard to the ap-
pointment of receiver. and that Justice
Beatty advised him to go on and appoint
receiver.
The next question put to Justice Beatty
was: ibid you ever say. Judge, we know
what you are doing; it is all right; go
ahead, or language tantamount to thatp'
81 don't think that | used language
which would convey the impression that
that seemed to convey. On the contrary,
| never intended to do anything of that
kind"
Justice Van Vliet of the Supreme Court
was The next witness, and was asked by
Mr.. Thornton with reference to the IN ter
view between Chief Justice Beatty and
Judge Hebbard. He replied that on one oc-
casion he went into Justice Beatty,s cham
bers and found the Justice and Judge
Hebbard there Either Justice Beatty or
Heobard suggested that Judge Hebbard.
had come there in order to convey on his
part the assurance that he wished TO avoid
any app 'arance OF doing anything con-
tenn ptuous toward the court in the matter
of this litigation. That was all that re-
NAMED on the mind of the witness as to