The San Francisco call., 1908-11-12
JUDGE INDUCES IN
CAUSTIC REMARKS
District Attorney Heney Tries to
Stop Ruef Attorneys From
Confusing Court Records
After Long Argument DOzier
and Ach Promise to Not
Further Interrupt Trial

Some very caustic sentiments voiced
by Judge Lawlor and Assistant District
Attorney Heney yesterday regarding
the tactics employed by Abe Ruef's
attorneys to convert the record of the
case into an unintelligible tumble had
the effect of putting a partial stop to
the contemptuous manner in which
proceedings were being delayed. 1t
was only temporary, however, for after
Attorney Dozier of the defense subsidized,
his colleague, Henry Ach, undertook d
renewal Of similar tactics and quickly
had the interference with progress
again in full swing.
For few minutes while the discus
sion was at its hottest, Heney talked
straight 10 the point, and during those
few minutes he developed several un-
pleasant truths. He characterized
Dozier's methods as being directly de-
signed to cloud the minds of the jurors
and prejudice them regarding the testi-
mony as it was taken; he showed that
an attempt was being made to bait
him and draw him into a row in the
courtroom; he demanded that the court
protect him from the insinuations and
insults of opposing counsel; he as
serted that the tactics pursued had
been sufficient to warrant a fight in
open court had they occurred in another
jurisdiction, and he limited that a point
might be reached where self-respect
and decency would demand the strik-
ing of a blow
Judge Lawlor himself did not hesi-
tate to call the Shasta attorney to ac-
count, and, in commenting on the state
Of the record. said that it might be
necessary before the close of the trial
to read the transcript of the testi-
mony 10 the jury in order that the men
with Ruef's fate in their keeping
might know what really was in the
record and what was not.
The trouble did not break out as
result or any particular act on the part
of Ruef's attorneys. but as a result of
the continued series of objections.
From early in the morning until the
middle of the afternoon, when the
storm broke, Dozier shouted objection
after objection to every question asked
by Heney. He elaborated the objection
each time, made it in a loud tone of
voice and assumed a pompousness in
taking his exceptions to the courts
consistent overrulings that did much
TO hinder progress. The objections
were all directed to a single line of
testimony but were repeated in full
every time question was asked by
Heney and often drowned Heney out
before he had finished his questions
As an added annoyance Ach declared
that he could not hear many of the
answers and called for innumerable re-
readings of the transcript
WITNESS GIVEN LITTLE CHANCE
The result of all this was that the
witness was limited to an answer once
every five minutes. and by way of
variation Ruef's attorneys continually
interrupted to declare that Heney was
guilty of misconduct in asking the
questions which he put. Not content
with assigning mere misconduct Dozier
elaborated also in this connection and
charged that the alleged misconduct
was deliberate, malicious and the re-
suit of ulterior motives 1t was such
an interruption as this which finally
stirred Heney to answer.
These constant Interruptions and in
and these elaborate obiec-
tions TO the simplest questions are
made for the sole purpose Of preiudic-
ing the jury in regard to the testimony
as it goes in" he declared. "One OBJ
lection to a particular line of testimony
is just as good a thousand if it is
well taken. If they are right in their
of law one objection will
serve. and they know it. This simply
causes endless delay and confusion. and
never finish"
ct has occurred to me-" responded
Judge Lawlor, that it may be neces-
sary before the close. of the trial. IL
these elaborate objections are inter-
posed, TO read the straight testimony
to the jury as it goes. into the record
in order that they may not become con-
founded regarding what had been al
lowed in and what had been ruled
out"
Heney referred again to Dozier's al
legations of deliberate misconduct on
his part, and pointed out that sim
pie assignment of misconduct would
serve as well as one accompanied by
a series of insults.
HENEY ASKS PROTECTION
L remember that in the south such
statements as these would have called
for a fight in the courtroom he said.
That shows that 1t is the courts duty
to stop such proceedings and protect
the assistant district attorney who is
to do his sworn duty. i
should not be forced to sit here day
after day and listen to such charges and
insinuations. If they wish to allege
that is enough. The causes
Of objection are few, and such elabor-
ations can only cause unpleasantness
and delay"
Dozier made no reply to Heney's COM
ment, but Judge Lawlor did.
L am not insensible," he said ito
the possible motives which might ac-
tuate the line of action taken, espe-
cially by Mr.. Dozier, and realize that il
it is pursued it may tend to influence
the due administration of Justice but
am powerless to do else than let the
record speak the fact if those allega-
tions are made. and I will not interfere
with any right that the defendant may
have"
Then it is possible" answered
Heney, for an INSCRIPTIONS attorney
to entirely stop a trial by making
characterizations which a district at
torney would be lost to all sense of
1ecency and self-respect if he did not
resent with a blow. An attorney has