Los Angeles herald., 1907-08-20
DELMAS AND
COURT CLASH
JUDGE LAWLoR REPRovEs NOTED
ATTORNEY
zIMMER REFUSES TO TESTIFY
AGAINST GLASS
Says He Would Incriminate Himself
by Appearing as Witness In
Case of Indicted TeIe-
phone official

BY Associated Press.
SAN FRANCISCO, Aug 19.-Delphin M.
Delmas, attorney for the defense, and su-
perior Judge William P. Lawlor, In the
progress of the Glass bribery trial today,
fought brief. sharp battle Of words, their
first serious encounter since the famous
advocate and the able jurist became CEN
| trail figures in the present trials OF IN
dicted corporations.
/ The exchange came during the examin-
alton of Percy T. Morgan, president OF
| the California Wine Growers associa-
| ton and formerly a member OF the ex-
ecutive committee of the board OF direct
| ors to the Pacific States Telephone COM
many. Assistant District Attorney Heney
asked the witness question and Delmas
objected to it on the ground that 1t called
| for hearsay testimony.
| Judge Lawlor in overruling seemed 70
amaze both Demas and his associate, L.
IC. Coogan, and they called again ana
again for it to be repeated until the
court broke in on them sternly: That
| is three times it has been stated, ne
| said. when 1 rule upon a matter l de-
| sire counsel to accept that as ruling,
and 1 desire to hear no further repeti-
ton of what the ruling is"
DeImas Talks Back
! Demas betraying in his voice more emo
| ton than he often permits himself to
pshow, rose to reply. IF your honor
please" he said, "a dialogue between
counsel. interrogating, and the witness
| is carried on, they facing each other.
Your honor may hear, but very often we
do not We have right to hear"
| hot xyott did hpar III "
was the courts curt reply.
| 'I have not heard it." Delmas denied.
land I wish your honor to understand
| that my time here is quite as precious
| as your honor's. I have no desire to
waste it; and think understand my
| duties both to the court and to the
| case"
'T trust that you do" said the court,
land IL 1t occurs to me that you do not
7 will remind you of your omissions
"And whenever your honor reminds me
| of what / myself well know and do
not think the reminder is merited, shall
respectfully stand upon my rights"
"I shall expect you to do that under
| all circumstances"
'I shall certainly do So"
"And not only upon your own rights
but upon the rights of your client, but.
do not want to have any more repeti-
\ tions which are calculated to reflect~upof
4 the rulings Of the court" With this fina
word of rebuke from the bench the incl
| dent ended.
Supervisors Edward T. Walsh. Thomas
f. Lonergan (recalled), w. w. Sander
son. Daniel. G. Coleman and Fred P. Mich
| olas testified during the day. Each re-
! cited the story of his bribery by agents
| of public service corporations. Each re-
| iterated the statement that he was tes-
| tifying under contract of immunity
| between himself and the district attorney,
| and two or three declared they had been
| given to understand by Supervisor Gal
lagher, speaking for the prosecution
forces. that they would be allowed to
! finish their supervisorial terms and that
| the prosecution would "do all in its
power to help them redeem themselves
| and regain their lost standing"
| So much was made of this by the de-
| fense in its cross-examination that Heney
was moved to remark to the court that
evidently Glass attorneys were laying
the foundation for a special attack on
the prosecution in their coming argu-
ments to the jury.
Told Ruef About II
! Supervisor Nicholas testified that on the
day that he accepted a $4,000 bribe from
! T. v. Halsey of the Pacific States Tele-
phone company, he went to the office of
Abe Ruef and told him what he had done,
and that Ruef said: "Halsey is d
fool. You keep the money" Nicholas
was indicted last fall on a charge of
grating s2s.76 in a municipal furniture
deal, but he never has been brought to
| trial. On the stand today he denounced
| this indictment as false
| Percy T. Morgan was the last witness
| of the day. He was called as the first of a
| series of witnesses by whose testimony
| the prosecution proposes to prove by
process of elimination that no one but
Louis Glass could have been guilty of
signing the various checks upon which
the money for the bribing of supervisors
was obtained. In the midst of his testi-
mony he was excused until Wednesday,
when his examination will be resumed.
| Second Vice President Emil j. thinner
| of the Pacific Telephone company, for
! the first time In the present trial OF Glass,
was called by the prosecution to TESTIFY
| that Glass as first vice vice president and
general manager and as acting president
| of the company signed the checks on
which the alleged bribe moneys were OBJ
| tained He refused to give any testimony
| on the ground that he would incriminate
himself. Judge Lawler let him go but
warned him that he would be again
lcalled to the stand and that further
recalcitrancy might bring him punish
ment
Judge Lawlor announced that tomorrow
| he will determine the advisability of hold
ing night sessions to hasten the trial.
The funeral of the father-in-law OF
Juror Strange which is to be held in
another city tomorrow, will not interfere
with the trial The juror himself stating
to the court today that out of respect
to the other eleven panel-men he would
not ask leave of absence. Over Sunday
he was allowed by the court to visit the
dying relative and receive his farewell
The jury will have new guard from
tonight on. Deputy Sheriff ]. ]. Ryan
LEFT for Chicago as delegate to the
supreme court of Foresters. to be gone
three weeks. His place with Deputy Sher-
iff Montgomery was taken by Bailiff Con-
ners of Judge Hunts department of the