The San Francisco call., 1907-06-28

counsel had meant what he had sato
and that all were undoubtedly very
sorry for the unfortunate affair. Neither
Heney nor Moore seconded Delmas' mo.
ton and the court said:
IF the language is not withdrawn
shall at once consider the question -
contempt"
A. A Moore said to the court: I'll
there is to be any retracting let Heney
be first. He said my conduct savored
of that of a shyster."
when" said Heney. "the son of one
of the most eminent and respected
jurists that ever sat on the bench IN
sbis state was put on the stand and,
sin compliance with ruling by your
honor. Moore intimated that the wit
ness was ready to commit perjury and
THAT I was fostering the commission
of that crime to make a record for
myself l said it savored of the shy
ster. :. I have nothing TO retract. i do
regret that I called Mr.. Moore liar
in -the-presence of the court. l be-
lieve, the dignity of the court should be
maintained. and so far as the court IS
concerned I retract the offensive Ian
guage l do not retract anything so
far as Moore is concerned. Now, as to
the son. 1 have the highest respect for
him and only admiration for the man
ner in which he conducts himself in
court. 1t is a pity that the father
cannot learn something of his duty 10
the court from the son."
You withdraw the language in so
far as the court is. concerned?" asked
Judge Lawlor.
II do replied Heney.
Il do not Know what that means" +"
said Moore. "This Heney has called me
liar and shyster. I do not under
stand that he has retracted. I don't
know what retraction, so far as the
court is concerned, means
Then I must investigate the ques-
tion of contempt" said the court.
Then" replied Moore quickly, $50 far
as the court is concerned 1 withdraw
the offensive language"
The incident closed so far as the
court was concerned, Judge Lawlor
dropped a few admonitory words and
left the bench. AS the judges figure
disappeared through his chamber door
Stanley Moore. started for the counsel
table employed by the prosecution.
Heney was waiting for him, but before
the younger Moore reached Heney, Will
liam ]. BoRns, Rudolph Spreclzels and
Joy Hess had Heneys arms and were
attempting to lead him from the room
Sheriff O'Neil and his deputies, scenting
trouble, were making strenuous efforts
to clear the room.
Stanley Moore, over the shoulders Of
the men who were trying to avert
trouble by getting Heney out of the
room. cried:
What DO you mean by calling my
father liar? You will have to settle
with me-"
Il have nothing but respect for you"
replied Heney, but / have nothing to
retract and if you want satisfaction
you can both get #"
ENTER EARL ROGERS
The special prosecutor, urged by
Burns and Spreckels, was making his
way down the center aisle, when above
the. sheriff's cries of Clear the rooml
Clear the roomw rose the voice of Earl
Rogers. He shouted:
You have made all the reputation
you can whipping old men, Heney. Why
don't you take on young man."
Heney forgot his peace pact with his
escort and broke from Burns and
Spreckels, trying to get back at Rog-
ers. Burns managed to cut off his line
of march, but by this time Heney
wanted fight. Struggling to get at
Rogers, he shouted:
Just get over there out of the pews
you.
The challenge was not accepted, and
Burns. aided by the pressure of the
crowd and the efforts OF the sheriffs.
led Heney from the building. Rogers
donned his overcoat and leaving the
building after Heney Asd disappeared
made several sidewalk speeches, while
a strikingly shandsome woman tried to
calm his wsarlike spirit.
The prosecution recalled Assistant
District Attorney Harrison for, the pur-
pose of showing what did actually hap
pen in Judge Grahas1l's court on Octo-
Der Ie, 1906, when the Brennan grand
jury was discharged, but the order of
discharge was not written up in the
"engrossed minutes.
Stanley Moore vigorously objected to
the line of testimony on the ground
that ii was an attempt to amend the
Inialntessofa Judge, Graham's court. He
contendef that sthe engrossed minutes
were presumed to SPEAK the truth Any
contrary assumption Moore claimed,
must be established before Judge Gra-
ham.
Heney argued that the minutes were
the records of the proceedings in the
presiding judges court; that Lawlor had