Los Angeles herald., 1908-09-23
BITTER VERBAL
BATTLE MARKS
RUFF HEARING
ACH AND HENEY CLASH IN
VITRi0LlC ANGER
DEEP ANlMosITY REVEALED IN
EXCAVATIONS
Judge Lawlor PeremptoriIy Orders
Prosecutor to Sit Down Ari-
zona Affair Referred to
by Defense
[By Associated Press.l

IJ AN FRANCISCO, Sept. 22.-The
hatred, resentment and deep un-
~ dercurrent of animosity between
the prosecution and defense in the trial
of Abraham Ruef broke out this morn
ing before Judge William P. Lawlor
in the most bitter verbal clash be-
tween Henry Ach chief counsel for
Ruef, and Assistant District Attorney
Francis j. Heney, that has yet marked
the case.
The principal events and most dra-
matte incident OF the bribery graft
prosecution of the past two years
found an echo in the vitriolic words
in which the two attorneys excoriated
each other and in the caustic charges
and counter charges as to the meth
DDS employed by each side.
Judge Lawlor finally peremptorily
ordered Heney to take his seat While
the latter was seeking to justify his
Arizona record, and the court then
rebuked Ach for saying things which
irritated and tended to arouse the re-
sentiment of the district attorney.
Both Sides smarting
The one side smarting under the al
legations of jury tampering as a re-
suit of the indictments last week of
Frank j. Murphy, Ruefs associate
counsel j. j. West, law partner of the
defendant. and others, alleged to have
been implicated and the other side
from the developments yesterday
which resulted in Charles T. Oliver,
.jr., a special agent for the prosecution,
being adjudged in contempt of court
and sentenced to Jail for two days
today for attempting to interview
Jurors after they had been tentatively
accepted, trouble was Quickly precip-
itated this morning when Dennis
Murphy who had been passed into
the Jury box, asked to be excused.
He declared agents were Investigate
ing not only himself and his family.
but had gone to friends and places
where he had lived years ago, and
that this had affronted him and biased
him in favor of the defense because of
such tactics of the prosecution.
Ach arose and in reply to Heney's
assertion that he, Ach, was the
shrewdest and most unscrupulous law
yer he had ever met in a court room"
deounced the methods of the prosecu-
1ion in the most caustic terms and
hayed the assistant district attorney
in vitriolic words, referring to his
blood "as half Irish. half German and
God knows how much yellow
Ach Gets Bitter
Ach declared that no one believes
athe statement that Oliver was not
acting under instructions when he en-
-deayored to interview two men who
had been passed into the box and
touched upon the difficulty of getting
a jury as being made more difficult by
the imported methods of Heney and
Burns from Arizona and elsewhere
Replying to Ach's assertion that he
had been driven from college, Heney.
said that he had left college because
he had "raWhided a reporter for
writing a lying article about him."
Red in the face and trembling with
emotion, the assistant district attor-
ney turned to the long row of news
papermen directly behind him and
said.
IF / had not been so busy, if / had
not my time engaged elsewhere on
these matters, l would have under
taken to rawhide a dozen reporters
in this city for writing lies" and as
serted that the newspapers were be-
ing paid to lie about the prosecution
in order to confuse the public MIND
Insists on Rights
But have been charged here with
being an assassin and have a right to
reply to that insisted the assistant
district attorney.
"Mr. Heney, you will take your
seat" peremptorily ordered the court.
Heney declared the only object the
prosecution had in investigating venire-
men was to see that honest men got
on the jury, which was commended
by Judge Lawlor, who, however, drew
a distinction between lawful and un-
lawful methods.
Murphy finally agreed to remain in
the box until some time later in the
trial, when the court promised to take
some action.