Los Angeles herald., 1907-09-17
RAPS BROWN
AND ROGERS
HENEY OBJECTS TO PRESENCE or
LOS ANGELES LAWYER
CLASSES HIM WITH DESPERATE
CHARACTERS
Graft Prosecutor Turns Loose a Flow
of Invective In Court Room When
Defense's Attorney Calls At
tention to Burns Men
BY Associated Press.

By Associated Press.
SAN FRANCISCO. Sept. 1e-Four
jurors. were added today to the five al
ready sworn to try former Attorney Cen
eral TREY L. Ford, chief counsel of the
United Railroads, for the bribery OF
Supervisor Thomas F. NLonergan, but
only three of them were finally added to
the trial panel IT,
One was peremptorily dismissed by the
prosecution, by special permission of the
court, on account of his alleged intimacy
with John Nealy, a politician said to be
in the employment of the defendant cor
poration. !.
Ugly, words were passed by opposing
counsel at the afternoon session. Earl
Rogers of the counsel for the defense
adopted parliamentary procedure by ris-
ing to a question of personal and pro-
fessional privilege. He said:
"I think it extremely indecent that as
we sit here consulting, defendant and
counsel in this court room there should
be allowed to sit close to us and listen
ing with all the ears they have, and hop
ing for more, employees of Mr.. Burns.
don't object to any legitimate detective
efforts and 1 am sure that counsel for
the prosecution do not approve OF any
other, but 1 appeal to their sense of fair
ness that 1t is at least not in good taste
for them to have employees of theirs
seated in such close proximity to u.s."
Judge Lawlor asked Mr.. Rogers to ex-
plain himself more fully, and when he
had done so Mr.. Heney interposed: You
gentlemen profess to acredit us with
square motives, yet in the same breath
you take occasion to attribute unfair mo-
tives to us in the presence of this jury
Desperate Characters
he firo in the
front pews are concerned, have noticed
about half dozen of the most desperate
characters in California, including Dave
Nagle and Bogy O'Donnel and the Banjo
eyed Kid, and three men who have repu-
tations for killing and being prisoners
at the state penitentiary at Folsom all
sitting in this courtroom in close prox-
unity to the jury. They were here the
first morning of the trial and they nave
been here ever since, and they are sup
posed to be in the employ of the United
Railroads 1t appears to me that when
counsel for the other side casts insnua-
tions at us along this line honors are
even."
Il take exception" said Mr.. Moore of
counsel for the defense, 'if your honor
please, to the remarks of the learned
gentleman that we have or ever held In
our employ, any ruffians or any persons
l
place / except to the remarks of coun-
sci as calculated to prejudice our case
| in the minds of the jury ana assign
those remarks as misconduct"
"When 1 was interrupted pursued
Mr.. Heney, IT was about to include In
my catalogue the names of Sam Leake,
formerly managing editor of the San
Francisco Call, and Luther Brown. law
partner in Los Angeles of Earl Rogers,
and Mr.. Spencer. 1 see particularly sit
ting here Mr.. Leake, who is busying
himself with the defense in the case.
We happen to know some of the things
that are going on here" US
Moore objects
"We take exceptions" said Mr.. Moore,
.'to the statement that any particular
gentleman, whether named as a ruffian
or not, is taking any part in the de-
fense of this case, and we take excep-
tion to the whole statement of counsel
as calculated to do US an injury and
preiudice our case in the minds of the
Jury, and as being improper and mis-
conduct" ~
Judge Lawlor announced from The
bench that he had instructed certain
pews to be kept exclusively for the use
az newspaper men, and he amplified this
order by instructing the sheriff to see
that the pew Immediately back OF the
ones occupied by the counsel for the de-
Tense be kept vacant.
The following four jurors were accept
ed by both sides and were sworn to try
the case: Frederick N. Morsom, insur-
ence agent; Edward w. Strange, jeweler
and a member of the jury which convict
ed Glass; Harry B. Arnold, grocer;
Arthur w. Johnson, grocer who testi-
fed that he enjoyed the patronage Of
Patrick Calhoun.
BY special permission of the court
Juror Arnold was peremptorily dismissed
by the prosecution after he had been
sworn.
Among the eight Jurors thus far ac-
cepted to pass upon the guilt or inno-
cence of Ford are two who voted for the
conviction of Vice President Glass of the
Pacific Telephone and Telegraph COM
pany. accused of bribing Lonergan, the
s,lperyisor named in the Indictment on
which Ford Is now being tried.
The failure of the defense to exercise
against Mortensen and Strange the
right of peremptory challenge caused
considerable surprise. Mr.. Rogers wrote
his explanation in response to question
addressed to him by newspaper men.
However innocent Mr.. Glass may be,
as / view the matter, our case is strong
er than was his.
1.-THE human mind swings like pendu-
lum, and If good case is presented IL
will receive added consideration by con-
trast. So I learned from experience and
observation of the workings of the av-
erage mind. Barring prejudice and in
dications of opinion whether expressed
or not am never afraid of a juror whose
inclinations and character are fair"
N&>->----