The San Francisco call., 1908-05-09
LIE Is PASSED;
FIGHT AVERTED
Heney Hurls Epithet at Ach and
Judge Dooling Prevents
Encounter

stung to pitch OF resentment he
could not subdue by sly imputation
No the jury that he had improperly
hurled the epithet liar at Henry Aeh.
Ruef's lawyer. during the trial OF the
case yesterday. Selling advantage OF
chance to fnterject himself. Frank
Murphy, Ach's associate. Hung back
you're another" One of the most ex-
citing and heated clashes between
counsel that has occurred in the graft
cases followed in quick sequence. A
physical encounter in the courtroom
was narrowly averted-
James Gallagher, Doodle ex-super-
visor, had been on the stand all day
and had related in detail Ruefs brib-
cry and control over the former board
of supervisors. Galiagher's testimony
clinched the case against Ruef, the
web of evidence skillfully woven by
Heney having ennieshed the arch
CRATER when the witness was turned
over to Ach for cross examination
Aroused to desperation by the reah-
cation that unless he could shake. CAL
lagher's testimony Ruef was practical l.
ly already sentenced. Ach- resorted to
tactics he had not stopped to. before
and sought to trap and confuse the
witness by putting words in his mouth
he had not said. Called to account
by Heney. Ach retorted with a remark
that reflected on Heney's honesty.
Quick as flash Heney swung around
on one foot. and shaking a trembling
forefinger at Ach shouted:
You're a liar!"
What do you" began Ach.
Gentlemen interrupted the court.
this will not do"
'.Put him in jailm shouted Murphy.
| jumping from his seat.
What have you got to do with IT.
said Heney. turning on Murphy et
We'll. I'll show you what I can do
replied Murphy. Il can call YOU a liar,
and I'll do it right now."-
"JUsT COME OUTSIDE"
"If either of you fellows want any
thing out of me, Just come outside and
! I'll give it to YOU" challenged Heney,
his anger now at white heat
sTake that big gun out of your
pocket and 1 will" fairly yelled Muir
ply.
/ ing toward Murphy, but he was checked
by Detective William ]. Burns, VINO
Lrrabbed the fiery prosecutors by the
arms. Murphy started for Heney,a but
was seized by Ach. -.
For an instant there was QUIET Then
the calm and collected voice or Juuge
Dooling could be heard saying -
| Gentlemen. 1 am very sorry this mas
occurred, and If did not want 10 gel
! through with this case would send al
! OF you to Jail But / don't want &c
hang the matter up, but want 10 gel
through with this case. must insist
however that 1 do not want this sor'
of thing to be continued
Your honor, L owe the court on
humble apology" said Heney, the heat
/ of his anger now over 4 have peer
! under a great strain trying cases poti
here and in Oregon for the last foul
| wears. and by reason of so much nigh
work and the great tension at times
i lose control of MYSELF
well. if it were not that the jur1
4 would have to be confened woui'
postpone this case for a week or two,
said Judge Dooling.
i ACH STARTS 1T AGAIN
1t seemed for a moment as IL tn
4 tempest had subsided, but Ach opene'
hostilities again.
4 TT seems to me, your honor" h'
said addressing the court, that II Mr.
Heney has gun in his pocket he
"Oh, yes, have a gun" said Heney
Then, addressing the court he added
An attempt has already been made Z
! Eassasslnate me and one other tndivid
1ual connected with these proceeding!
by some of their crowd of thugs Their
are about half dozen Of them In th'
! courtroom now"
Burns thugs interjected Murphy
mo, your thugs" hurled bael
4 Ieney.
Huh? He goes around making a bis
noise as though he is going to scar
somebody" taunted Murphy.
Your honor. 1 want to take excep
ton to the conduct of the assistan
district attorney II he does carry guI
in this courtroom" spoke up Henr!
Ach to Judge Dooling.
ST want to characterize 1T as highly
improper IL he carries a gun In The
presence of this jury, and 1 want Il
say that in so far as this defendant j:
concerned he has employed no one out
side of his office boy, who is here. ant
the attorneys at the bar. want fur
Their to say to your honor that IL Is i'm
proper If 1t be true that any counse
comes into this courtroom armed. L
Mr.. Heney finds himself in danger o.
anything from any one he should com,
here guarded. but he should not carr.
gun. He can carry II on the stree
all he wants TO. but no officer Of th'
law should carry gun in court
room"
"Your honor" replied Heney. not Civ
ing IN TO ACn an lUCDs the uESl QdS
went into court to try the United Rail
road cases we counted 90 armed mel
: in the courtroom who We're brought
there from day to day, And In this
; case, walking TO and from these cham
bers, / have had fellows stand outside
and call me vile names and east reflec'
tions at me. Men posted outside have
whistled at the district attorney as hs
left the building, making INSULTING
gestures at him. This sort of thins
ought to stop. and I am very glad fol
! that reason that it has come to the
attention of the court"
"The Jury will pay no attention
whatever to this passage between eoun-
sell" said Judge Dooling to the panel
Let the case proceedT he said TO tbs
lawyers
RUEF's WORST DAY
Yesterday was the worst day Rue
: has had in court since the inception d
his. trial on the charge of having ce
fered a bribe to Supervisor JenninG.
N Phillips for the passage of the PARK
side trolley franchise. His every ram
part OF defense beaten down piecemeal
with witness after witness relating II
chronological order his employment b.
the Parkside company. the raising
81 a bcodle fund of $4,000. and finall,
. the testimony of Gallagher, finishing
the actual transaction with the hood
-