The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-10-17
HEN[Y INTENDS
TO PROsEC CUTE
EARL ROGERS
Will Bring a Charge of
Criminal Libel Against
the Attorney
STRANGE CASE CAUSE
Juror Tells Inquisitors That
Ford Defense Tried to
Reach Him
REFUSES TO TESTIFY
Counsel in United Railroads
Bribery Cases Fails to
Back Up Assertions
REFUSES TO TESTIFY

Back Up Assertions
when the Ford and Calhoun
trials are over l shall personally
bring an action for criminal libel
against Earl Rogers. He has
libeled me in the interview con-
cerning Juror Strange which he
gave for publication, has refused
to make any explanation of his
charges before the grand jury,
and the matter has now become
a personal one for me to take
up. Francis ]. Hency.
Earl Rogers. attorney for the indicted
officials of the United Railroads. was
given an opportunity yesterday to sub
stantiate his charges against Juror Ed
ward w. Strange, who voted for the
conviction of Tirey l.. Ford by placing
any evidence of an discriminating ma
ture which he may possess against
Strange in the hands Of the grand jury,
but shielding himself behind the pre-
text that he believed the grand jury to
be an Unfair body, he refused to be
sworn as witness.
DEFENSE TRIES TO REACH HIM
Not only did Rogers fail to make
good HIS boats that ne coufd snow that
Strange was ,fxed,' but Strange him
self took the stand and testified under
oath that the defense had attempted to
reach him through his cousin, Edward
Rea of San Jose.
Assistant District Attorney Heney,
angered by Rogers refusal to produce
any evidence in support OF his bold
charges, which reflected directly upon
Heney and other members of the prose-
cution. said that he himself would bring
an action for criminal libel against
Rogers as soon as the Ford and Cal
houn trials were finished.
Sensations smoldered in almost
everything that transpired in connec-
tion with the meeting of the grand jury
yesterday afternoon, but the open war
between Heney and Rogers, which it
seemed for a time was almost newt
able, did not reach climax. Heney de-
grand jury room while Rogers was
present in order to give the latter no
opportunity to excuse his failure to
make good his charges against Strange
on the ground that Heney had taken
advantage of his position to miscon-
strue any testimony he might give.
ROGERS REFUSES TO BE SWORN
Rogers appeared at the grand jury
room shortly after 2:3O o'clock in no
pleasant mood. He had been subpenaed
for 2.30, and he objected violently at
hour before being called to the stand.
declaring that he would not waste
his time by remaining. He made one
false start and then changed his mind
and returned, being taken before tho
grand jury shortly afterward. When
he reappeared to join his personal
bodyguard, former Southern Pacific
detective Melrose. he was smiling az
though at the recollection OF a per-
sonal victory of considerable moment
which he had achieved in the inner
sanctum.
at refused to be sworn he declared
Itriumphantly. "I refused on the ground
that this grand jury is an unfair
body, that it is merely en- adjunct of
the prosecution and that any evidence
gave would be used only to assist
the prosecution, which is a thing
refuse to do. I tried to be polite about
it. but one juror said he was sorry
I believed the prosecution to be un-
fair
A when will you make public the evil
dance which you claim to have against
Strange and which you said some time
ago you would give out later?" Rog-
ers was asked.
when I get ready was the terse
response.
| Heney said afterward that Rogers
had been called to substantiate with
definite testimony, if he had any, the
charges which he made against Strange
after the disagreement of the Ford
jury two weeks ago. The interview
which Rogers gave for publication ac-
cused Strange of being crooked
witness for the prosecution and Heney
was broadly limited at as the person
| ,,yy,op, Rooers' ol1arad a,,yd ex,,,<s
of corruption was directed.
Heney said last night that Rogers