The San Francisco call., 1907-06-29
COURT READS RIOT ACT
TO HENEY, MOORE, ET Al
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gate pubic offices and public offenses.
He insisted that It did not make any
difference TO the members of the cor
stitutional convention which framed
the clause whether, after a grand jury
had been impaneled, it served one
month or five years. Their purpose
was 10 insure that the people would
have at least once in each year body
that could prosecute Investigations.
IL. he said, a grand jury were dis
charged by operation of law, failure on
the part Of the court TO select ne"
list would leave the people without 2
9u6ge LawIor pointed eut during
Heney's argument that the code pro-
vision for the return OF grand Jurors
names to the box as part OF the new
list was antagonistic to Delmas claim
that the purpose Of the law was 10
secure fresh lists annually.
Judge Lawlor commercially insists
rnon the preservation of the dignity of
his court. The melee in his courtroom
after he left the bench Thursday after
noon was an afront which he could not
overlook. and upon ascending the
bench yesterday morning he served no
tice that he would not submit TO
repetition Of anything transcending the
rules Of forensic propriety.
Judge Lawlor's admonition to belh-
rerent counsel was delivered impas-
sionately but in a manner leaving no
room for doubt about his intentions.
Addressing counsel, Judge Lawlor said:
When / retired from the bench after
the afternoon session yesterday ] was
p Informed by an officer Of the court that
at the close Of the morning session and
after I had retired from the bench TO
my chambers the incident which de-
veloped during the proceedings mad
been extended into something ap-
preaching If not reaching an alterca-
ton.
Tt is not my intention TO take no
tfce OF what transpires out of the pres
ence Of the court. I did intend, how
ever to advert to that incident at TINS
. time and have been reinforced in my
own intention by a suggestion that has
emansted from the church authorities
in respect 10 that matter. j thought
made IL evident when the incident de-
veloped yesterday that ] did not in
tend 10 tolerate anything in the nature
Of improper action on the part OF any
attorney in the hearing Of these OF
b any other matters before this court
II court feels called upon often to
declare its purpose in such matters, IN
my own view il would seem as
though the court itself was incapable
Of presiding over the proceedings.
u do not apply that suggestion to my
own case. for have had very little
occasion in the time I have been or
the bench to reprimand attorneys foi
unbecoming behavior. I do not encour-
age il by my own action and / do not
propose TO tolerate IL in the case OF
others. There ought TO be, apart from
the plain duty which every attorney
owes to his profession and to the ad-
ninistration of Justice, special rea-
son why no attorney should perml'
himself to act indiscreetly where :
court is held, as this is, in place OF
worship. dedicated TO the administra-
ton Of justice when the city was
stricken by disaster which shall for
ever remain one of the great facts il
the history Of the world.
Il feel personally ashamed that suel
thing should occur. / am shocked
beyond expression that anything ap
preaching an alteration should hav'
occurred in this presence, whether
was on or off the bench, and / viii add
nothing further than the statement tina
I desire all parties to be admonishet
that nothing in the nature of de
parture from forensic propriety will b'
tolerated by this court"
Stanley Moore submitted severa
amendments to the. motions on Sehal
Of the United Railroad officials. anC
Frank Drew. for Schmitz, offered mo
tions for stay of proceedings In th'
corresponding series of bribery cases
against him.
Heney filed an affidavit in travers'
OF the affidavits submitted by Moore
touching the alleged violation Of th'
constitutional rights of Calhoun, Null
lally. Ford and Abbott, and also traY
- ersing the defense's claim Of conspirac.
set up against Heney and Spreckels
Heney's afidavits set forth at length
the circumstances OF his selection as al
arbitrator by the United Railroads ant
resignation from the board when W. J
Burns brought TO his attention evi
dence of the trolley officials briber!
Of the supervisors
The circumstances attending th'
summoning Of the indicted officials be
fore the grand jury which they CLAIM
was an invasion of their constitutions
rights are also set forth in detail.
Ruef appeared in court late in th
afternoon and offered motions to Sc
aside indictments and for stay of pro
ceedings and dismissal in all the brib
cry charges to which he had not pre-
viously answered.
BY stipulation he viii accept th'
proofs offered by the other defendant
and permit his motions to go to de
cision with the others.