The San Francisco call., 1908-05-02
HFNFY FINDS WAY
TO GET EVIDENCE
Dismisses Indictments Against
J.E. Green, Who Refused
to. Testify

Assistant district Attorney tTancls
J. Heney dealt the. defense in the
Ruef case a staggering blow yester-
dav. Its effect was such that IN the
view Of the prosecution, the way rs now
open for the conviction OF the lallen
political boss.
J.E. Green. president Of, the Park
side. transit company, refused to testify
as 10 his part. in the alleged bribery
of Ruef on the ground that he might
incrimfnate himself It seemed as II
the case against Ruef was going all
to pieces. The next instant Heney
scored. He moved that the IA in
adictments against Green be dismissed.
The motion was granted. Thus de-
prived Of the only statutory ground
on which he could refuse TO give evi-
dence, Green was. ordered: by Judge
Dooling to proceed, and he began,
with apparent reluctance, to tell the
story Of the Parkside Franchise He
had just reached the critical part OF
his testimony relating to the actual
dealings with Ruef when court .ad-
5ourned TO Monday.
The other striking incident of the
DAY was Eeney's ringing challenge. to
the heads Of corporations who: have
been declaring that Ruef held them up,
! calling upon them to come into court
and tell how they were held up-if,
1nUefl. LnHN We're u61Q- ul--cLllQ Lrlp
put ~Ruef in prison where he could no.
longer prey upon society and business.
Ieney's challenge was provoked by the
futile effort. of Attorney Frank Nichol
70 help Green off the stand on the
plea that he was under indictment with
respect to the very matters concerning
which he was now. asked to give testi-
lnony. and that he should not be com
PEELED thus to testify against himself.
Heney's reply to Nichol was ad.
dressed TO the court, but as he deliv-.
cred 1t he looked meaningly at Green.
PROTECTORS OF. CRIMINALS
There seems to be a sort of a feel
ing running riot in San Francisco to-
dax." said Heney, that laws were cre-
ated to protect criminals. TO aid them
in committing more crimes. and that.
the man who tries TO stand. up as a
public officer to enforce the law for
the protection of society is a renegade
who ought TO eutlawed and. driven off:
But IT. never seems to occur to these
men who have large property interests
at stake, who are the presidents of
corporations involving millions of dol
lars. that they owe some duty to the
public that granted them the right to
make this money and that they ought
10 be glad TO come IN here and say
that they were held up-if they were
and that the money was .extorted from
them by "a criminal political boss-if
81 was--aIid help US send him where he
belongs and keep him. from doing in
suries to the remainder Of society.
These men are called upon to do
what2 TO come in here and convict
themselves of a crime they did not
commit NoE to come here as decent,
upright citizens owing a duty TO So
ciety and to perform il like .men-to
take the witness stand here and tell
the truth and the facts...'
Dur5Eg. the. entire day yesterday. the
second day Of the actual trial of Abra-
ham Ruef for bribery of supervisors.
Judge DOoling.s courtroom was Ike a
stage on which was. being. enacted a
great drama; ohly~the actors were real
and the play. of mems emotions genu-
inc. Each witness who took the stand
carried his auditors in the crowded
courtroom 10 q. different scene, and the
questions Of The attorneys, to the ac-
compartment of Henry .Ach's familiar
objections, threw Searching. sidelights
on the ways and byways Of a city in
the clutch Of a political boss,
JUDGE COPE TEsTIFEEs
The first important witness Of the
day was former Judge Walter b. Cope
the president Of the. bar association of
san Francisco and one Of the most
prominent lawyers. in the city. He told
Of his college day when he and Ruef
were students in the same institution
and in the same class for four years.
He related how the two had gone out
into the world and how their paths
through life. 'dixerging widely at the
start, had again merged. one with a
clean record of two terms on the su-
perior benph.. from which he had re-
tired with honor, and the other the
. political boss.:of a great city with the
despotic power Of a car. Judge Cope's
damaging testimony was given clearly
end without.reservatio Told consecu-
lively, without the. questions of the att
tOrneys, his. story was as follows:-
1T was..in. January, 1906, that 1 had
my first conversation with Ruef in re-
gard TO the Parkside franchise. I
called him up by telephone and made
an appointment, meeting him. soon
after in his Offices at California and
Kearny streets, / was kept waiting in
the anteroom some time with a large
crowd Of persons who were also. wait
ing to see Ruef. Finally L was ad-
mitted to his private room.
At first we discussed our old COL
1ege days, recalling many Of our Iarks
together After we had got down to a
friendly basis I. told him I supposed he
knew what J.. had come to see him
The Parkside grant2' said Ruef I
assented. / then explained that my
firm Of Cope & Morrison. as attorneys
for, the Parkside company and both of
Us as large personal holders of stock,
thought that the Parkside franchise
would be 2 good thing for the city and
that we ought to nave it. We con-
versed further about this. explained
why I thought we were entitled 20 the
grant. ! then mentioned that I under
stood the mayors attitude was favor
able to it."
Heney interrupted: Did Ruef saw
20 you, Well, If the mayor can give #
70 you, let's see him do it'2' This
question was ruled. out on objection.
Ruef then told me. ~ udge Cope con-
tfnuec. that he also understood that
the mayor was IN favor Of the franchise
but that he would not be able TO secure
It alone. Ruef thought. however. that
he. in conjunction with the mayor,
would be able TO secure its passage. In
substance I then said to Ruef:
ASKS $4,000
- If the Parkside company should
conclude to secure your services what
would be your charger
Forty or fifty thousand dollars he
told ma