The San Francisco call., 1907-06-18

special messengers and other privi-
leges which induced them to indict the
defendants, and finally because OF
these things the defendants had been
deprived of their liberty in violation OF
! the constitution of California and OF
the United States.
! Assistant Prosecutor Cobb objected
| to the amendments on the ground of
| immateriality and further that tney
did not, in fact constitute amendments.
Moore resented the objections raised
| by the prosecution as unusual and I'M
proper. He said he wanted to examine
! the members of the grand jury and de-
manded their presence.
/ TO CONSULT GRAND JURY
The court informed Moore that the
members of the grand jury were om-
GERS of the court; that they were uh-
doubtedly busy and that at their con-
venience they would come into court
and devote a day to an examination
which must embrace the motion to set
aside indictments made by the severai
coteries of indicted captains of finance
who are to be tried in his court.
The day for the examination of the
grand jurors will be determined TO-DAY
when the gas cases are called, SO tnat
the one day will be satisfactory and
convenient to all the defendants VINO
are are seeking the same rellef-
The first clash between Moore and
Heney was brought about by Moofes
/ demand for the examination of 20 wit
nesses whose names appeared on the
indictments but whose testimony was
not included in the transcripts fur-
nished the defense Moore said:
| I'VE want to examine all the MEM
bers of the grand jury, the 20 witnesses
whose. names appeared on the indict-
ments and the other 20 whose names ap-
peared on the indictment but of whose
/ testimony we have received no tram
scripts. We claim there was no testi-
| mony."
+ Heney had been chafng under the In
sinuation In Moore's references to the
prosecution and the imputation of fal-
sification brought him to his feet in
/ blaze of anger.
1--WE are prepared now to file another
| complaint for bribery against Tirey L.
Ford" he cried. "and if the court is
willing to sit here as a committing
magistrate we will begin taking testi-
mony tomorrow morning
mo lawyer would make such a sug
| gestion in response to notion"
/ sneered Moore, addressing the court.
mo lawyer would attempt to secure
the examination of the witnesses before
a grand jury" retorted Heney.
Judge Lawlor poured oil on the trou-
bled waters by saying:
/ ''The court is busy with the matter
/ at hand" Turning to Moore Judge
Lawlor continued:
Subpoena the witnesses il you want
to. That is not matter for the court
/ to determine Mr.. Barrett is here, in
! terested in the examination of the
members of the grand jury. and we will
| try to fix time for them to spend one
| day in court, but they are engaged in
other work and 1 shall consult their
convenience"
VICTORY FOR PROSECUTION
The examination of Rudolph Spreck-
els was productive of another decisive
victory for the prosecution and more
| bad temper for Moore.
Thescourt refused to permit Moore to
i question Spreckels touching the amount
of the fund raised for the graft prose-
cution, the private employment Of
Heney or how the man behind the prose-
cution purposes to WELD the big stick
in shaping city government. After
meeting with repeated rebuffs and
| finally peremptory orders to o.desist from
| his well defined plan of examination,
Moore threw up his hands in disgust
and discontinued. the examination.
Moore managed to elicit from Spreck-
| els that he was 35 years old and
native of San Francisco. without in
reference on the part of the prose-
| cution.
How long have you been connected
with this so called graft prosecution %
Moore demanded
| Cobb objected to the question on the
ground that it was not responsive to
any issue raised by the motion to set
| aside the indictments.
| Moore contended that an objection
| from the prosecution was most unusual
under the circumstances He contended
| that the examination was but "a part
of the motion; that he could ask such
questions as he saw fit, and that after
they were in the court could determine
whether they were pertinent and give
| them such weight as they were en-
| titled to-
| The court declined to agree with
| Moore, telling him that there must be
a well defined range within which the
! examination would be confined He ad-
| vised counsel that he might challenge
| the jury or any juror, and that the
1 testimony to be ELECTED from the wit.
| ness must be leveled either at jury or
| Jurors. The court said the limits of dis
| qualification were plainly fixed by stat
ute. Concluding, the court said:
HENEY,s POSITION s
The court will not concern itself
| less the evidence leads directly to the
| juror" .sc ass
The evidence.-I seek to elicit" re-
piled Moore, does not affect the Jurors
but goes to the presence in the jury
| room of an unauthorized person. When
Heney came back to San Francisco
with his blushing honors thick upon
| him, he was employed by Rudolph
| Spreckels to help him destroy the prop.
erty of the United Railroads for pur-
poses of his private gaina Heney is
getting no salary as assistant district
attorney. He lis coforab1y an assistant
district attorney, but in fact no such
! thing He,, with his employer, the
mayor of this new Spreckelsville, have
| been giving immunity contracts to
confessed criminals. The supervisors
| have become the absolute property of
this mayor of Spreckelsville. who has
given them contracts of absolute i'm
munity from punishment for their
crimes so long as they tell the truth.
| Cobb Burns. Heney-all are acting
without expense to the city and all but
Heney are paid by Spreckels Heney
was appointed by Langdon, know not
| how reluctantly. He is colorably an
assistant district attorney, but in fact.
a..