Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-10-02
FORMER BOSS TO TESTIFY IN
CASE TODAY
GIRL SAYS SHE "MINpED HER
OWN BUSINESS"
Court Decides stenographer Must Go
on Stand, but Prosecution Is Not
Able to Get Any Information
from Her


cution in the trial of TREY l.. Ford for
row with the introduction of the testi-
mony of Abraham Ruef, who probably
will be called at the opening of the al
ternoon session,
He was to take the stand in the fore
noon, but the necessity today OIL the pres
ence of Assistant District Attorney
Francis j. Heney at a session OF the
grand jury did away with an afternoon
session of the trial, and the task OF ex-
amining the books of the United Railroads
went over until tomorrow morning.
That information impaired by an en1T
ployer to a stenographer is not confde9-
tial under the provisions of the political
code when IL relates to the proposed
commission of fraud or crime, was ue-
cided today by Judge Lawlor in overrui-
ing an objection interposed yesterday by
Ford's defense to the questioning OF MISS
Celia McDermott, Ford's stenographer
The court having so ruled, the examina-
ton of Miss McDermott was resumed,
but il brought out nothing of value to
either side, Miss McDermott declaring
that she tended to her own business and
knew nothing else"
The prosecution called George Francis,
chief clerk in the law department OF the
United Railroads and assistant to Ford.
He was asked by Mr.. Heney whether ne
did not, in May Of 1906 see on top OF
General Ponds roll top desk two long
narrow packages Of bank notes. He de-
MED il. He said the name of Abraham
Ruef was not on the payroll of the COM
pany's law department, nor were there
on me payroll any John Does or Rich
ard Roes"
The prosecution called for the books
of the United Railroads and the defense
made a vigorous and prolonged effort to
keep them out of court on the score
that they were unwilling to have them
subjected to the scrutiny of Rudolph
Spreckels, who was characterized by At
torney Rogers as the company's fnan-
cial and personal enemy. Judge Lawlor
ruled that the books should be produced
and he ASSURED the defense that he would
protect the property rights of the cor
poration as provided by law.
Demand Books
The demand of the books was made on
George p. Willcutt, secretary and con-
troller of the United Railroads, who was
called as a witness. Wilcutt had been
called before the grand jury twice, but
had refused to testify on the advice OF
his attorney. Heney asked him to pro-
duce the journal and ledger and record
of vouchers for 1906 and 1905. Wilicutt
said these books were not really in his
custody. The tight~to produce them would
have to be bestowed on him by the board
of directors in the absence from the city
of Treasurer Starr and Assistant Treas
urer Dollar. He did not know where
either of these men were.
Judge Lawlor ordered him to produce
the books over the objection of Rogers,
who said: 81 desire it to be understood
that in protesting against the production
of these books / am not quibbling. II
counsel will designate the particular in
formation he wants it will be readily
forthcoming; but we seriously object to
the court empowering the other side
our financial and personal enemy-to go
on fishing expedition with the object
Of acquainting themselves with and lay
ing before the world the private and
personal business of this corporation for
the ostensible purpose of getting material
for further attacks on us
Heney Replies Holly
Heney replied: II am so used to being
abused for trying to do>my duty by the
public that the sort of thing falls away
from me like water from a ducks back.
All men who want to enforce law and
order are private prosecutors and per-
SOnal enemies 10 lHOSe VINO are Trying 70
protect themselves from punishment for
wrongdoings. These books. If produced,
will be under the care Of the court. They
will not be in our hands"
Rogers said: II am sure the gentleman
does not mean to say that / was abusing
him. He and I, considering our Irish tenn
peraments, have gotten along very much
better than 1 had been led to expect.
In my remarks did not refer to him, but
to Rudolph Spreckels."
Now" said Heney, 1--WE are ready
to try that issue at any other time
and place, but we do not propose to
try it here in this case"
Judge Lawlor said: IT am not going
to try it at all. 1t is the duty of the
court to protect party in the possess
sion of private rights of property and the
court will do 1t. Would 1t not be pos
sble, Mr. Heney, for you to enumerate
the special account You desire to in
spect?f
To Show Amount of Money
Heney replied that he wanted to show
by entries in the books the amounts Of
money deposited in bank to the credit
of Thornwell Mutually at the time of the
fire and what disposition had been made