The San Francisco call., 1908-08-08
RUEF'S LAWYER
SHARPLY REBUKED
Sam Newburgh Calls Heney as
Witness and Asks Insult
ing Questions
Promptly Told by Graft Prose-
cutOr lie Is Trying to Affect
the Primary Election

LAWYER sam Newburgh. Abe Ruef S
almost" attorney. had severe day OF
ii in court yesterday. Newburgh called
three witnesses one of them wouldn'
answer him at all. The second wouldn
saw what he wanted him TO. Francis
}. Heney, the third, was unl1nd enough
10 reply to some of the insulting
and personal in1errogations Newburgh n
asked him in manner that made Ruef
and his man vince.
To make still more pleasant the state
Of mind Of the fiustered lawyer, Judge
Cabaniss called him down sharply for
conducting his examination in an i'm
proper and unethical manner.
Looking straight at Ruef and ignor-
ing his satellite, Heney exposed the sole
purpose of the defense in calling him
TO the stand after half a dozen ques-
tiOns bearing no relation to the charge
of bribing Supervisor J. j. Furey, for
which Ruef is on trial. had been asked.
These questions are being asked
solely for the purpose of trying to az
feet the primary election that is COM
ing off next Tuesday" said Heney vehe-
mently.
This caused a veritable explosion at
the table where the accused boss was
sitting Ruef and Newburgh jumped
UP in CONSERVATION, for the shot had
gone home, both trying to deny the
charge at once. The court raped for
order.
No sputtered Newburgh. Z"
began Raef There is not any ques-
tion about it," volleyed Heney again.
REBUkED By COURT
Whatever your theory may be-" in
terrupted Judge Cabaniss, addressing
Newburgh, 1T is apparent 10 me that
you are not proceeding with this wit
ness as counsel ordinarily proceed and
always should proceed, with a view of
obtaining testimony pertinent to the
interests of your client"
Heney was handed a subpoena by one
Of Ruef's men just as he stepped out OF
Judge Lawlor's court at noon to get
ready 10 take the 4 o'clock train for
Los Angeles where he has an engage
ment today. At the appointed time,
.. m. Heney was in court. So was
Judge Cabaniss and Assistant District
Attorney Ward. But for the apparent
purpose Of causing delay and making
Heney miss his train Ruef and his law
Yer failed TO appear until 2:15.
After Judge Cabaniss allowed Heney 5
request to be excused in time TO catch
his train Newburgh called him to the
stand for the defense.
We desire to make Mr.. Heney an
expert upon the value of legal serv-
ices declared Newburgh glibly. Great
stress mas UEEu 4dlu UA lle people on
the fact that the fee Ruef demanded
from Cmbsen was in currency. Now,
Mr.. Heney. while engaged as an attor-
ney for corporations have you ever re-
ceiTed a fee in currency We ask
i can say to YOU that I never once
received fee in currency at my own
request retorted -Heney- Newburgh
quickly obtained a ruling to have the
answer stricken from the record
I win ask this question" he began,
after whispering to Ruef. Did you
ever give a receipt TO the Contra Costa
water company in which you acknowl-
edged the receipt Of sS0,000?"
WHY NOT ASK MeENERNEYs
why don't you subpoena Garret Nc
Enerney and ask him TO bring it for
you2" returned Heney. though Assistant
District Attorney Wards objection was
sustained by the court. Judge Cabaniss
then took a hand.
Il tell you again." he said TO New
burgh. under no conceivable circum-
stances can the matter which you are
now seeking to have put down in the
record be proper or material"
Following that Heney made his clear
cut accusation that the purpose of the
questions was to affect the primaries
If your honor pleases,'' continued
Heney, 4 ask to be excused at this
time. 1 have TO catch a train. The
purpose OF these questions is evidently
TO insult me-"
After long Wrangle, in which New
burg attempted TO argue with the
court Heney was excused, with the
understanding that he would return al
10 o'clock Wednesday morning to again
go on the stand. The court sharply cut
of Newburgh's objections by telling
him 70 produce his authorities If he
wished different ruling. This the
lawyer said he would not do until he
had asked further questions
Former Supervisor Andrew J. Wilson
refused 10 answer any of Newburgh's S
questions at the morning session. on
the ground that he might incrimiuate
himself by doing so. Wilson is at
present under Indictment Ex-Super-
visor Harrigan testified substantially
as the rest Of the supervisors have
done IN corrOboration of the evidence
given by James L. Gallagher. New
burgh's efforts to shake him We're
futile.
Newburgh announced to the court
that he intended to subpoena District
Attorney Langdon, Chief Of Police
Biggy, Rabbis Kaplan and Nieto, and
Reece. owner Of the house where Ruer
was kept in charge OF the elisor, as
witnesses.