Los Angeles herald., 1907-10-04
PROSECUTION
SA YES RUEF
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jury" He said that is not the law in
this state and never was.
I'm simply answering you in kind"
was Heney's reply
Judge Lawlor called on each side to
submit such instructions as it desired to
have given to the jury. They were
promised by s p. m.
Rogers to Close
1t was agreed that each side should
have four hours-and a. trife more If
necessary-in which to address the jury;
Assistant District Attorney O'Gara to
open for the people, A. A. Moore or for
mer District Attorney Lewis Byington
to follow opening for the defense, Earl
Rogers and Francis j. Heney to close
for the defense and the prosecution re-
spectively in the order named.
Thus the case should be In the hands
of the jury by tomorrow evening.
Heney disputed the genuineness Of the
defenses contention and insisted that by
showing conspiracy between all of the
actors he had fully connected Ford with
| the commission of the crime in all per-
tinent testimony referring to times prior
to June II, 1906 the day on which. he de-
clared, the conspiracy had been consum-
mated by the passage OF the trolley or
dinance. He felt sure the court was of
the same view.
Byington sneeringly "that the court
ought to rule always according to your
Ideas and conceptions of what is right"
"What / do think" Heney retorted
loudly, 'is that this court ought not to
be tricked and defrauded''
Defrauding Court
CT T1.,f, orr N
show that If anybody is trying to trick
and defraud the court it is you"
"Oh, WE'LL" said Heney, I'm willing
that you should make that kind of an
argument to the jury. But I'm watching
you just the same"
Earl Rogers added little handful of
fuel to the fire by getting up and de-
manding to know If Heney included him
in his charges of trying to trick and de-
fraud the court. Heney was delivering a
tentative answer when Judge Lawlor
broke in. He said both sides seemed to
be unduly concerned for the safety of
the court which was quite able and pre-
pared to look out for its own affairs.
Mr.. Moore moved to strike from the
record the following portions of testi-
mony among others: Conversations be-
tween Supervisor Gallagher and sixteen
other supervisors relative to the payment
by the former to the latter of brihes of
$4,000 each; conversations between Gala
CHER and Ruef relative TO the handing or
bribe moneys in currency by Ruef to
Gallagher.
Apparently these motors We're de-
signed to lay a foundation for supse-
quent motion for the throwing OF the
case out of court and the discharge OF
Ford, for with this testimony annulled
there would not exist, officially, even
circumstantial partial case against him.
Ready to Argue
The motions were submitted by the de-
fense without argument.
Heney said: II think the substance or
these motions as intended by the defense
is that the testimony is not sufficient to
warrant a conviction. The contention
that we have failed to connect the de- |
fendant amounts simply to a motion to
instruct the jury to acquit Ford on the
ground of insufficient evidence. Now, IL
that's what you're after, m ready TO
argue the question right now"
Mr.. O'Gara in his address complimented
the jury for the patience it had displayed
and said that a debt Of gratitude had
been laid upon the public by the personal
sacrifices caused by jury service. he
took UP the testimony piece by piece and
dissected and scrutinized 1t before the
trial jury of twelve men in an effort 10
snow WITHOUT lnt uHSSI oiiu Nitei tSS L
timony of Ruef that the bribery of SUI
pervisors through Gallagher and by the
instrumentality of Ruef was negotiated
by Ford in behalf of Calhoun and the
United Railroads.
Mr.. O'Gara scored Calhoun, Ford, Null
lally and Abbott for, as he termed 1t,
ravishing their own ruined city.
while San Francisco still lay under
the warm ashes Of her confiagration,
with her people scattered. her dead un-
buried and scores Of her wounded un-
cared for, we find TREY L. Ford and the
assistant to President Calhoun hurrying
to the little temporary makeshift office
of Ruef in Pine street-just two rooms
and there taking the political boss into
the bath room for secret consultation
behind closed door. What were they
about then?
Tests "the Boys"
Next we find Ruef hurrying to James
L. Gallagher, his lieutenant in the board
of supervisors, and ordering him to cir.
culate quietly among the boys to find
out how they stood and how much
money they would demand to put the
.,.oIIa,, fro uohfaa fhrouqh. and vet the |