The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-06-25

Kill me-"
Ruef: '.You're n d-d liar"
General activity ON the part of bail
IFS to prevent further hostilitiesD
The most direct fighting talk that
has so far distinguished the turbulent
history of the graft prosecution was
heard yesterday afternoon in Judge
George H Cabaniss' department of the
police court, where Ruef is having his
preliminary hearing on the charge or
offering a bribe to ex-Supervisor }. D.
Furey to influence the latters vote on
the Parkside transit companys apph-
cation for streetcar franchise.
Attorney A S. Newburgh, for Ruef,
started the series of incidents which
ended in the torrid language. New
burgh subpenaed James Mccarthy,
Heneys bodyguard, before court con-
vened, having Charles Haggerty, Ruef s
office boy, serve the paper. Heney
asked Mccarthy to summon John r.
Behan, clerk of the board of supervis-
ors, to testify at the proceedings and
Newburgh objected.
L don't want Mccarthy to leave the
courtroom now" said the attorney.
why not?" asked Heney in surprise.
WOULD SEARCH MCCARTHY
Il want to put him on the stand to
ascertain whether or not he is carrying
murderous weapons"
Heney came back with a hot word
and advanced toward Newburgh. The
latter slipped back, saying: you
might assassinate me, but you can't I
intimidate me-"
The prosecutor turned on Ruef and
fixed him with his index finger. If any
trouble occurs here l want to tell you,
Ruef," Heney said, that you'll be the
first to get yours"
What have L doneY Ruef asked
from his chair.
you've hired assassins to kill me,
responded Heney. All the voices were
high and loud. Judge Cabaniss on his
bench was calling loudly for peace
You're a id liarl" Ruef put in.
Policeman, A. c. Williams and James
Fogarty, bailiff of the court, rushed
in between the prosecutor and the de-
fendant, and Heney turned from Ruef.
Il am always able to take care of my
SELF" he declared to Newburgh. II
don't need any body guards"
There are two able bodied officers
here in court Newburgh stated,
switching into more general themes.
They can easily ascertain whether or
not Mccarthy and Charles Oliver are
here with murderous weapons, prosti
tuting the temple of justice. l speak
advisedly when 1 say that the lives of
this defendant and his friends, in
GLIDING myself, are in jeopardy"
POWDER is COSTLY
Never fear, Mr.. Newburgh," recon-
mended Judge Cabaniss. who did not
take the hostilities too seriously;
never fear; the price of powder is
high. In any case 1 am responsible in
a large measure for what occurs here"
I'll eliminate the necessity of hav
ing Mr.. Mccarthy searched" said
Heney, by having him leave the room" "
Mccarthy left, and the case proceeded
tediously with the records of the board
of supervisors actions in the Parkside
franchise matter, which Newburgh, to
cause delay. insisted that Behan should
read into the record of the case.
During the cross examination of
Behan by Newburgh the latter asked
the question to determine whether the
Parkside application was made while
the "boodling' board was in office. "A
matter must still be pending when the
bribery is committed to constitute an
offense," said Newburgh, and then ad-
ded grandiloquently, with an admiring
glance at his client: THAT is the
ruling OF Judge cooper OF the appellate
court, the able and learned jurist who
wrote the decision in the Schmitz case,
a decision that will stand when all here
are dead and gone"
WILL STINK TO HEAVEN
"A decision that will stink to heaven
when all here are dead and gone" an
swered Heney And l want to say
that 1 am not afraid of what they will
do to me or any of my cases"
The defense had not finished with its
cross examination of Behan when the
hour for adjournment came, and the
matter was put over to 7:45 in the
evening.
Heney declared that he would not be
present. II am not afraid to meet any
of their assassins in the daylight and
with my back to the WALL" he declared
but I won't come into this part of
town at.night.'
At the night session of the court
John Z. Behan, clerk of the board of
supervisors, identified the resolution of
the board by which James L. Gal
lagher was selected to act as mayor
during the absence in Europe of Eu-
gene E. Schmitz. Newburgh offered
the evidence. Adjournment was taken
until 2:30 o'clock this afternoon.
Neither Ruef nor his attorney, Frank
J. Murphy, made an effort yesterday
toward securing Ruefs liberation on