The San Francisco call., 1908-05-12
TACTICS OF ACH
Do NOT AID RUFF
CrOss-ExaminatiOn of big Jim"
Gallagher Helps Prose-
cutiOn


up."-Abe Ruers line of defense as In
dicated by the questions of Attorney
Henry Ach in the Ruef trial yesterday.
Big Jim Gallagher. former presi-
dent Of the boodling board OF super
yisors, was on the witness stand all
day and evening yesterday. continuing
his recital OF the shameless bartering
OF city rights by the elected representa-
tives Of the people at the beck and call
of Abe Ruef. Attorney Henry Ach,
the grsfter's willy lawyer, fought dar-
ingly TO shake the testimony Of the
witness and In the meantime prove the
audacious double proposition that Ruef
did not offer bribe TO the supervisors.
but that il he did il was because he
was held UP.
But when the sound OF strife had set
tied down over the dingy frame build
ing in McAllister street where the case
is being heard it was evident that il
was Heney's day. Gallagher's story
had been strengthened instead OF weak
ened by Achs vicious attacks and new
points were brought out which scored
heavily for the prosecution.
During the day Gallagher submitted
TO four forms OF eXaminatioD-the END
Of the cross, the redirect the recross
and the second redirect. Through 1t
all he seemed TO be trying TO tell the
truth, and the truth only. contradicting
both Heney and Ach If they seemed 10
by leading him wrongly.
The immunity contract with the
supervisors was entered In the record
yesterday. Ach opening the way by
questions in his cross examination OF
Gallagher. Into another skillful trap
laid by Heney. Ach also fell by query
ing Gallagher about his confession to
Heney in the Gladstone apartments
and his testimony before the grand
jury, thus giving the prosecution an
opportunity TO introduce the transcript
Of both examinations in evidence.
When Ach saw what he had done he
struggled TO eNtricate himself, but IL
was unavailing.
Welding together the final link in
the chain connecting the Parkside com
pany with the payment OF the bribe
money through Umbsen TO Ruef, and
from Ruef through Gallagher TO Phil
lips and the other supervisors. the
prosecutions leading witness OF the
evening session. Jennings Phillips, gave
the star testimony of the day. Phil
lips faced the ordeal through which
he had already passed four times
sQuarely. but he hinched visibly when
Attorney Ach began probing his family
affairs, bringing out that he was mar
ried but six years and the father OF
two young children.
Phillips related in full detail his ac-
ton as supervisor IN holding up the
Parkside franchise at Ruefs behest
and later passing it when it had been
reported by Gallagher that matters
were fixed" He also brought out a
new point when he stated that the
Parkside franchise had been discussed
at one OF the Sunday night caucuses in
Ruefs home, and that Supervisor Box
ton had been severely ''rebuked" for
mentioning the matter so carelessly.
Phillips was on the stand under cross
examination when court adjourned
close 70 midnight TO meet this morn
ing at 10 o'clock Charley HaeEerty
Ruefs ONCE boy. was another witness.
Judge Dooling effectually put
damper on the methods of Ruefs at
torneys in making objections to every
question and shouting Exception
each time they were overruled.
Mr.. Ach" he said with some show
Of heat. the court has no intention of
denying the defendant any of HIS rights
in this case and you need not find It
necessary TO note your exceptions in
such a manner"
Your honor, assure you that no"
began Ach.
i also want to say that the court
is perfectly competent TO pass on all
not be necessary for you to mutter to
other members Of your counsel so that
the jury may hear"
Your honor, I want TO disabuse your
mind Of
You have said enoughl Ask the
next question interrupted Dooling,
warmly.
Bafied in his efforts to shake the
testimony of the witness Ach began an
effort TO build up the novel defense
from Gallagher that Ruef had been
forced to offer the money to the super
visors as result OF their blackmailing
attempts.
Didn't the supervisors tell you to
tel Ruef that they wouldn't put
through the franchise without pay2"
asked Ach.
There was some grumbling because
they had not received the money for
the first Parkside franchise, but that
was all remember
Did they not say to you that they
had put through the Ocean Shore fran
chise for the mayor without a cent for
themselves. although IL was a grant
worth $1,000. 0o0g"
No: do not remember that. There
was some grumbling, as / said. but
nothing like that"
The attitude Of the prosecution.
Rudolph Spreckels, Heney and Lang
don was also gone into at length by
Ach and again brought out by Heney
on the second redirect. Throughout IL
was shown that all the acts Of the
prosecutors had been open, fair and
sboveboard.
At the beginning Of the evening ses-
sion Gallagher was still on the stand
Heney asked Gallagher as 20 the mean
ing Of the word ''rumor,' which ap-
peared in the grand jury transcript
oh, so you have been talking to Mr.
Heney. have you2" intersected Ach
No. sir; I have not" responded the
witness
Heney turned over the witness and
AcH questioned him concerning the
immunity understanding he had FIRST
reached with Rudolph Spreckels. CAL
lagher related the circumstances of this
and also mentioned that he had had
his attorney, II. NJ Owens. present and
that he had at the same time besought
immunity for Ruef. This latter dis
pleased Ach nightly. who fought TO
rule II out, but his objection was over
ruled by Judge Dooling. Gallagher
was then excused, subject to recall.
Charley Haggerty. Ruefs office boy.
who sits by his side constantly during
the trial. was called TO the stand BY
Heney. He said,he had seen Gallagher
IN Ruefs Office practically every day
before the fire.
Phillips was called He said he
had been pressman In the employ OF