The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-04
Evidence of Perjury in
the Heney Mortgage
Litigation.
Judge HawIey Declares That
He Will Make a Full
Investigation.
Thief Heney and His Former
Counsel.

CARSON, NEv, May 3.-The suit
brought by the Government to invalidate
the transfer of mortgages given by James
Heney, the convicted bullion-thief, to
Wood burn and Coffin, the attorneys who
represented him when he was on trial for
robbing the Carson mint while there en-
ployed, is developing new sensations
daily. The United States counsel con-
tends that the mortgages were trans
ferred by Heney after he was convicted,
his intention being to place his property
out of reach of the Government. Heney
himself declares that he entered into this
fraudulent deal with the attorneys, bat
they deny tie allegation, insisting that
the only mortgages they received were
rendered in payment for their services.
In court to-day Heney said he was ready
and willing to pay the $1,000 fine against
him provided he could recover the mort
cages and realize upon them.
The testimony in the trial is so conflict
ing that it can De accounted for only on
the ground that perjury is being COM
mitted by some one. Judge Hawley to-
day commented on this from the bench,
and after an attorney had made state
ment from his seat he was at once ques-
toned by the court under oath, and then
his Honor remarked that the eviden ce on
some points was most unsatisfactory and
that he would make further investig ations
on his own account
Hon. William Woodburn on the stand
testified that Mrs. Heney had retained
him for the case and he agreed with
Heney that he was to be paid $4,000. When
he was discharged they had a stormy in
terview, and finally he agreed to take
$1,000 for his services up 10 the time OF
his discharge and turn over the papers to
Trenmor Coffin. He told Heney ne was
glad to get out of tie case. The next day
Heney came 10 him and apologized, say
ing he had done wrong, and re-employed
him. Afterward Mrs. Heney sent for him
and asked to have some OF the proceeds of
the mortgages given to her. He refused,
and when offered so much cash for an as
signment of the mortgages again refused.
Hearing that United States Attorney
Jones had said that Heney would testify
that the mortgages were fraudulent,
Wood burn had called on Heney at the
prison. Henev stated that il Jones had
ever said so he told an untruth. After
the conviction OF Heney WOODBURY. was
given a mortgage for 5000 as his fee. He
did not know that Coffin was employed
as one OF Heneys counsel until two days
before the trial. After. he was engaged he
was the principal attorney, and Coffin
assisted him. He did not know what
Coffin's fee was His own fee had been
fixed bv himself at $500
Coffin has testified that one of the
mortgages was sold in California and bid
in for him for $3.50 That money ought
to be here now said Attorney General
Clarke.
The court asked Coffin about it. Coffin
said that J. w. Dorsey had attended to
the business, but Coffin did not know
what was done with the proceeds of the
sale. The Judge stated that he had talked
with Dorsey personally and suggested to
him to send the money TO the clerk OF the
court. It had not yet been sent.
Sheriff Kinney testified that Heney had
told him that he had agreed 10 pay
Woodburn $1,000 out Of the mortgages
and his wife was 10 get the balance. This
was after The assignment had been made
and the lawyers had retired. He also said
shat he had agreed TO pay Coffin 5000
Convict Heney vas recalled IN rebuttal.
He said he had had but one talk with
Coffin about hiring him in the case, and
that was on the Saturday night before the
trial. Coffin agreed 10 take the case for
$500, or $500 If Heney was acquitted,
whether ne was tried once or dozen
times. He told Heney that he could sell
the $500 mortgage 20 man named Cook,
and they could divide the money, he TO
get little more than his fee for his trou-
bic and HeneY the balance. Continuing,
the witness said that if Woodburn would
accept $3.50 due him and Coffin 500 he
would take the mortgages and within
ninety days dispose OF them and deposit
his $500 fine with the clerk OF the court.
He wanted the court to understand that
he made this promise in good faith.
The court here remarked: "To say that
there is great conflict OF testimony here
would be putting it very mildly. The OBJ
ject OF this inquiry is TO reach the truth.
The court has the power TO get additional
evidence, if possible, and so far the evil
dence is very unsatisfactory in regard to
the value of the mortgages. | desire to
cast no reflections on any witness, but l
believe the facts can be arrived at If any
agreement is made by counsel, | want it
qualified in such a way that the court will
Lave the power to refer the case for future
evid ence, if necessary, and the court
would make some personal investigations
regarding some matters/which need more
light than the court has yet received"
Some testimony OF minor i'm portance
was introduced, and the case was closed.
1t will be argued next Saturday.