The San Francisco call., 1908-03-17
CRATER, ON TRIAL,
WOULD TRY COURT

Continued From Page I. Column 4.
after what occurred in Judge Dunne's
courtroom Saturday..
As TO that" retorted Ach. 7 have
only TO say that Judge Dunne's re-
marks We're not under OATH
Ach declared that in each instance
When he had attempted to procure affi--
daTits he had been put Of. and that
the persons he approached had i'm
mediately- consulted with the prosecu-
ton as to the matter
WAS WISE MOVE
Yes" broke in Heney. and I'm the
case of B. P. Oliver il was well that
he did Oliver told me that he had had
short conversation with Ach and had
promised to make an affidavit and that
shortly afterward Ach sent him an afi-
davit which was so framed as to be
exactly contrary TO what Oliver had
told Ach Oliver then sent back the
AFFIDAVIT Of Ach and made a new one
which viii be presented as soon as
oliver returns TO the city and will
sign it."
Heney then launched into bitter
arraignment Of the methods pursued
by Ach in trying the case
This man Ruef. this criminal-this
man who has been convicted of crimes
and wh as admitted them-is irving
70 put other side. the attorneys
for the prosecution. the witnesses and
even the court on trial He is pur-
suing the method adopted by every
criminal who is guilty. The man who
is prepared TO perjure himself to save
his skin always wants to know first
what the other side is going to say.
That is what Ruef is trying to do It
is one Of the most audacious things
ever attempted. 1t is almost on a
parallel with the attempt of this de-
fen6ant when this prosecution was
first begun. to put himself in the dis
trict attorneys office with the avowed
purpose of putting me in jail Why
didn't they have Ach make an affidavit
-Ach, the man who made the arrange
ments for the previous subornation of
perjury of Ruef Why"
Your honor" interposed Ach. I'VE
object TO the misconduct OF the district
attorney. We want this defendant to
have his rights. and this court must.
no matter what the district attorney
says. nor any one else, presume this
man TO be innocent We are not going
to be shut out by the Introduction of
sfiidavits which tell only the other side.
We charge that by the introduction of
deadly parallel we could prove by
the very statements of the other side
that an investigation is demanded to
make them jibe. We charge that
Heney has committed perjury. And
others And we viii prove it If given
2 chance to cross examine these per-
sons in open court
sNARLs AT HENEY
Again. reiterste. we are not going
TO be shut out by affidavits-you can't
usf that excuse" he fairly snarled.
suddenly turning toward Heney and
shaking a long foreinger.
What did Oliver and Gallagher do
when We approached them for afTida-
yits2 They consulted the district at
torney, who is really on trial
You'll be on trial before / will
Henry Ach," interjected Heney leaning
over in his chair and glaring at Ach
Ach continued
why. ] ask. did Gallagher first go to
consult the district attorney when we
asked him for an affidavit for our side2
why
Il guess he had in mind the time
when he was suborned for perjury for
Ruef while Henry Ach was his attor-
ney." put in Heney.
Jfldze Lawlor then took part in the