The San Francisco call., 1907-06-29
Telephone Lawyers
Accept Heney's
Explanation
Alleged Fatal Defect Soon
Cleared Away by
Prosecutor
Motion TO Dismiss the True
Bills Will Be Heard Monday

A new technicality, based on the
error of a clerk in the Office of Assist
ant District Attorney Heney, was dis
cussed in Judge Dunne's court yester-
day morning, and before 1t was ex-
planned in the afternoon, seemed in
fair way to play havoc with the prose-
cution of Theodore V. Halsey, outside
man Of the Pacific States telephone and
telegraph company, accused in IL in
dictments of having bribed that num-
ber of members of the board of super
visors. The error was committed by
the clerk who delivered to Halsey's
attorneys. Bert Schlesinger and w. P.
Humphreys, two volumes of testimony
purporting to contain the fun evidence
against Halsey at the grand jury I'm
vestigation. All the evidence against
Halsey was contained in volume / of
the transcript and the other book had
the additional evidence on which was
based the Indictment of Louis Glass,
vice president of the telephone corpor-
alton.
On the Halsey indictments were the
names of some 20 less witnesses than
were included in the two volumes, and
Schlesinger Immediately scented
serious error and violation of the law,
which provided that the names of all
witnesses heard in a given matter must
To make matters more complicated
Heney had. on June l, stipulated in
court that both volumes contained the
Halsey testimony. AS a consequence
Heney had to come into Judge Dunnes
court in the afternoon and lead the
prosecution out of its labyrinth by ac-
cusing his clerk of inadvertency.
Schlesinger accepted the explanation
graciously. and the case was set for
ments viii be heard on motions to
dismiss. strike from the files and quash
the indictments.
Some stipulations were carried
through amiably yesterday. It was
agreed by Halsey's lawyers and the
prosecution that the examination of
the grand jurors in Judge Bawlor's
court. in the Calhoun case, should be
admitted as covering their examination
in Halsey's behalf. and transcript Of
the proceedings will be supplied by the
district attorneys office. 1t was also
agreed that Grand Juror Dwyer did not
participate in the examination of the
/ supervisors at the time of their con-
fession, owing to his connection by
marriage with Supervisor Gallagher,
7 and also that the witnesses examined
in the Halsey case were not instruct
ed as they were about to be questioned
regarding that particular person, but
were just told generally that they
were being examined regarding all
that they knew concerning graft.
The stipulation which caused all the
1 trouble was the second point raised.
that regarding the transcripts OF testi-
mony Charles w. Cobb, for the dis
I trict attorneys Office, was willing to
stipulate that the testimony on which
Halsey was indicted was only contained
+ in volume /. Schlesinger arose in his
/ wrath.
I'VE shall prove" he declared, "hy
I the court records that on June / Assist
ant District Attorney Heney stipulated
/ that the testimony was contained in
both volumes offered us. In all my 20
years experience at the bar / have
never known one member OF a law firm
to repudiate what another had stated "
Cobb had no hesitancy in giving
! Schlesinger a novel experience and re-
iterated that if Heney had made any
such stipulation he did so without a
knowledge of the facts. Hiram w
/ Johnson arrayed himself with Cobb and
! there was technical chaos.
This is an outrage" cried Schles-
/ niger, and added a request for a con-
tinuance until Monday to untangle the
knot. Judge Dunno would only grant
the defense until the afternoon session
of the court to furnish proof of its
! contentious.
At o'clock Heney was in court
] Schlesinger waived his right to have
/ the prosecuting attorney sworn and
Heney informally explained that
/ through the error of clerk the mis-
take had been made.
Schlesinger then took up the question
of remarks said to have been made ir
the jury room by Heney which were
prejudicial to Halsey and wished lc
know If they had been uttered prio,
to the voting or the filing of the in
dietments against the telephone agent
These remarks are alleged to have beer
made on the day Henry 7. Scott, FRANK
G. Drum, z. J. thinner, F. w. Eaton
and T. S. Sherwin of the telephone com
pany were examined. Heney stated
that he would have to look up the
record of the. jury before he could an
swer that question. He will report or