The San Francisco call., 1907-06-09
Calhoun and His Associates Open Campaign Of
Obstruction Tactics to Prevent Trial
Motion to Set Aside Bribery Accusations sMade in Judge
Lawlors Court and Battle of Lawyers Rages All Day

the grand jury, was the first witness
sworn, and she refused to answer any
questions put to her until instructed by
the court to do So Then she declared
that she had not been present when
Ruef was called before the grand jury.
She was asked If she had ever had IN
her possession any statement wnlcn
Ruef had read to the grand jury, Dut
an objection to this question was sus-
tained after a wrangle between the
contending attorneys, during whicn
Heney offered to go on the stand ana
give any information that Moore might
desire.
Mrs. Clara w. Smith. Heney's stem
ographer, who acted one day as stem
ographer for the grand jury. was asked
practically the same questions as those
put to Miss Condor, and gave similar
answers. Moore noticed the fact that
she had not brought her grand jury
notes with her to court as instructed 10
do, and demanded the reason for It,
II took the liberty as assistant dis
trict attorney to advise her not to
bring them unless instructed to do SO
by the court" answered Heney, Jump
ing to his feet. These notes are now
in my possession"
Moore objected to Heney's interven-
tion, and asked that the witness be
instructed to produce the notes.
II will instruct my clerk not to adj
init her in the rooms where they are
retorted Heney, and the matter was
dropped.
Secretary Burnett Of the grand jury
was put on the stand after the noon
recess and was questioned as TO the
minutes kept by him. Moore attacked
Heneys presence in the grand jury
room and endeavored to show that no
legal appointment of stenographer
for the body had ever been made. he
claimed the right to examine the grand
jury minutes on the ground that the
secrecy of the proceedings permitted
the prosecution and persecution or de-
PENDANTS in the grand jury room.
The inquiry turned to the substance
of the testimony of the 20 witnesses
not contained In the transcript fur-
nished the defendants, Moore, urging
the right of the defendants to have IT.
and Heney citing authorities to show
that the district attorney alone had
the option of deciding what testimony
or what part of the testimony should
be reported. Moore retorted angrily
that the secrecy concerning part Of this
testimony and the reason for not al
lowing it to be reported was to pre-
vent the defendants from attacking
the indictments. He brought his
statement to close with promise to
show that the Indictment was found
through "a hurlyburly, go as you
please bid for public favor"
The court ruled In favor of the
prosecution, and Moore's next ques-
tions to Burnett regarding whether
Ruef had read any paper before the
grand jury brought forth another ex-
postulation from Heney. and his ex-
citement, together with Moores retort,
almost eliminated In open trouble.
When Heney concluded his argument
Moore sarcastically said.
MOORE BECOMES UGLY
'srhe mere loudness of mans tone
or the swelling of the blood vessels in
his face does not make his statements
more emphatic, though 1t does make
the room ring. Whatever Mr.. Heney.
with that smile Of his, wants, he seems
to think the witnesses should answer
Judge Lawlor. made peace and the
incident was closed.
County Clerk H. 1. Mulcrevy was the
last witness sworn during the day. An
effort was made to adduce testimony