The San Francisco call., 1908-05-02


Heney next questioned Judge Cope
about the connection of his firm with
the Parkside company. He asked many
questions about the personnel of the
firm. elicitiag the fact that the partner
ship consisted of W. 1. Brobeck, Alex
ander L. Morrison and Judge Cope. The
time Brobeck was taken into the firm
was inquired into carefully by Heney,
and this was finally fixed as about
May l.
The first witness of the afternoon
session was Alexander F. Morrison.
Judge Cope's partner. He said in an
swer to questions that he had been the
attorney for w H. Crocker for ID years
or more He said his connection with
the Parkside company had dated from
it's inception, he being a director and
having himself signed the articles Of
incorporation.
William !. Brobeck. the third member
of the firm, was called. Asked to
his legal experience he said that prior
to joining the firm of Cope & Morrison
he had been assistant city attorney for
Is years.
DIRECTED BY GREEN
He said his first connection with the
Parkside matters. was when he was on
a salary under Cope & Morrison. He
was introduced to ]. E. Green by Judge
Cope, who directed him to take up the
subject. Green asked for an opinion on
the steps to be taken to secure a fran
chise from the board of supervisors.
This Brobeck prepared and submitted.
Brobeck denied positively all connec-
tion with the Parkside franchise mat
ter further than this, and wound up by
declaring he had never even seen the
ordinance.
cross examination, asked him if he
knew personally and was friendly with
Francis ]. Heney and William II. Lang
don, who sat at Heney's side.
Yes" replied Brobeck.
And you had no connection with the
Parkside bribery"
None"
And yet vow were indicted on IA
counts and forced to give bail of S140,-
600 by these two supposed friends?"
:. Heney jumped up. Il object most
strongly, your honor. to the attempt of
the defendants attorney to give the i'm
preston that Brobeck's Indictment was
unwarranted- We are not trying Bro
beck now. II he won't talk, we can't
help It." said Heney. Well attend to
Brobeck later. though" he added mean
ingly..
Heney was not satisfied with the in
AOAAndllDu ODldlneQ as 10 the aO-
ministration of the affairs of Cope &
Morrison and issued subpenas for the
three clerks employed by the firm.
When the name of ]. E. Green was
called Attorney Frank Nichol stepped
forward and asked leave of the court
to speak in behalf of his client, Green.
Judge Dooling consented and the jury
was excused during the argument.
Nichol pleaded that il was improper
Ha 1,f 1h1 y Ira
the stand while he was a codefendant
with Ruef and himself under II indict-
ments.
My client is as innocent as the soft
est ray of sunlight" announced Nichol,
':and yet I want to impress 1t upon the
court that he is facing very serious
situation. Throughout the history of
ages the sanctity of the individual has
been the chief concern of all legal
procedure and it is that time worn
right so well established that invoke
in behalf of this witness who has been
called. before the bar of your court. IT
is not right that he should be required
by the district attorneys office to ap-
pear here. 1t is not right that he
should be forced to take the stand or
possibly be forced to be put in the
position of having to enforce his con-
stitutional right to refuse and thus
leave an inference which may preju-
dice him. 1 ask that your honor amend
this wrong"
HENEY IS VEHEMENT
During Nichols argument Heney
twisted about in his chair uncomfort-
ably When Nichol finished Heney
sprang to his feet and with fiery vehe-
mence replied. saying:
The only question before the court is whether
or not this is competent witness under the
law While il is true that the law places
sanctity about the individual the real purpose
to lend some little protection TO the whole re-
mainder of society
when people were savages and each man had
his slungshot be protected himself After
awhile they grew into tribes and then into ma
tions and the idea was formed that society
protected by each and every one consenting
that he would lend his individual effort 10 help
tion OF every Individual. But there seems to be
a Sort Of feeling running riot in San Francisco
criminals. to aid them in committing more
crimes and that the man who tries TO stand
up a public officer TO enforce the law for
ought to be outlawed and driven off,
Heney continued at length in this
strain. When he had concluded Judge
Dooling ruled that Green must take the
witness stand.
may not be called" announced the
court. IF, after he takes the stand,
he asks for his constitutional rights,
they viii not be encroached upon"
Green was sworn. To each question
asked by Heney he replied after a nod
Of assent from Nichol. Heney brought
It out that Green was president OF the
Parkside transit company and that he
had lived in San Francisco 20 years.
What were tho first steps the COM
pany took toward securing the Park
side franchise?" Heney inquired.
Green replied that drafting the ordi-
nance was the first STEP He told of the
presentation of the petition to the su-
pervisors and of attending the hearings
OF the committees to which it had been
referred.
Green was asked about a conversa-
tion he had had with Eugene E.
Schmitz about the franchise.
Green hesitated- Then he drew from
his pocket a typewritten statement,
from which he commenced to read. He
got as far as:
81 am one of the defendants in the
graft cases and"
Judge Dooling leaned forward and
took the paper from Green's hand
Reading it, he then said:
IF the witness desires to refuse to
answer there is one ground on which
he may do so."
NAV ha not fnish his neu,ar,,