Los Angeles herald., 1908-05-09
QUARREL
IN COURT
PROSECUTOR AND MURPHY AT
POINT OF BLOWS
HOT WORDS EXCHANGED OVER
ACCUSATION
Counsel for Former Boss Charges
Opponent with Carrying Gun and
Being Too Ready to
Use 1t
BY Associa ted Press.

| BY Associated Press.
SAN FRANCISCO, May S.-Endeav-
oring to come to the defense of the
! prosecutions star witness, who was
being subjected to a severe cross-ex-
animation, and accused of having put
words in the witness mouth, Assistant
| District Attorney Francis J. Heney
| precipitated a sensational scene in the
courtroom this afternoon during the
trial of Abraha Ruef.
The outbreak occurred during the
cross examination of James l.. Gala
CHER, the prosecutions principal wit
ness in the bribery-graft cases, whose
home in Oakland was blown up two
weeks ago.
Gallagher, who admittedly was the
agent and go-between between Ruef
and the supervisors, had testified that
Ruef instructed him to hold up the
application of the Parkside Realty
company for a trolley franchise and
subsequently told him to see the other
members of the board, advise them that
each supervisor would get $3.50 to pass
the ordinance and to put it through"
He also told of Ruef's message to the
| board that there would be $3.50 more
in it for each member when some
months later the Parkside company
wanted the trolley route in the fran
chise changed.
| Gallagher on Rack
So hoarse that he could not speak
above a whisper without great effort,
Ach commenced Gallagher's cross-ex-
animation at 2 p. m. For some time
he was unable to find any vulnerable
point in the witness testimony, but as
| the cross examination continued and
become more severe, with a repetition
of the same question in various forms
and a relentless probing for details,
| fs., -, nd
fused. The gruelling began to tell on
the staid and phlegmatic witness and
he moved restlessly and uneasily about
in the chair.
Wrought up by Ach's methods and
insistence for categorical replies, AS
sistant District Attorney Heney re-
monstrated and said it was about time
Ach was stopped from putting words
into the witness mouth and of trying
to mislead him.
Ach came back with the accusation
that it was the assistant district at
gher's mouth.
You are a liar!'' retorted Heney.
rising to his feet.
Put him in Jail" shouted Murphy.
IF either of you want anything and
will come outside, I'll give it to you
this minute" challenged the assistant
district attorney, as he reached for his
hat.
TAKE that big gun out of your
pocket" retorted Murphy, then III
call you a liar"
Threatens to Use Gun
"Yes, and if 1 do I'll use it," said
Heney, as he started toward the table
of counsel for the defense, at the same
time dropping his hand to his side
menacingly.
| He was stopped by Detective Burns,
sitting directly behind him.
The court all this time was cxclaim-
ing, Gentlemen! Gentlemen!"
| Ach pushed his associate back into
his chair, admonishing him to "be
gentleman"
Order being restored, the court said:
eff it were not for the fact that l want
to get through with this case, there
would be no trial of it for week"
''If Heney has gun in his ocket-
said Ach, but he was interrupted by the
assistant district attorney with, yes,
I have a gun. An attempt has been
made to assassinate me and Cne other
man connected with this proceeding py
some of their crowd of thugs. There
are about half dozen in this court
room right now"
Eyes, Burns thugs" interjected Muir
ply.
mo, your thugs"
The trouble had broken out again.
| lie goes IildhiiA5 q NAS
| thinking he will scare somepouy,
shouted Murphy.
| Ach, addressing the court, said ne
desired to take an exception to the
statement made before the jury tnat
! the assistant district attorney was IN
court armed. He declared that Rue1
did not have in his employment any
other persons than his attorneys ana
his office boy, and asserted that while
Ea t1n riphf tn coma into court
with weapons on him, he said. If he
considered his life in danger, have
guard with him.
Heney declared that he had been re-
ceiving letters threatening his life, and
taking one from his pocket, said here
is one right now that came in care OF
your honor"
Heney also stated that in coming to
and going from the court room he was
daily called vie names by persons In
the corridors and on the sidewalks
in front of the building.
After the court had again severely
admonished tn attorneys, saying that
he would greatly regret to postpone
the trial for a week, and while very
patient and making all allowances. he
would not again permit the recurrence
of such a scene to go unpunished, and
Lch resumed the cross-examination of
Gallagher.
Asked if he did not testify before the
grand .Lry that Ruef said there "ought
to be" $3.50 in it for each supervisor,
instead of there would be- the wit
ness declared that he would not say
positively that he had not made such
a statement, but was satisfied that he
had not and attributed it to an error
on the part of the reporter who took
down the Testimony.
Just before court adjourned Ju6 &c
Pooling again warned counsel against
indulging in repetition of the incident
of the afternoon.
District Attorney Heney apologized,