The San Francisco call., 1908-11-19
Continued From Page 1, Column

effort to gain time by suggesting that
Ach name the entire list of supervisors
that they should confer with the court
and opposing counsel with a view to
agreeing upon a statement for the
jury concerning the attempted murder
of Heney, the jury was not allowed to
return in complete ignorance of the
matter The defendants attorneys
having refused to confer or offer sug-
gestions, Judge Lawlor acted on his
own initiative and gave the jury a
straightforward account of the essen
tial features of the shooting. He
coupled the statement with strict
caution that the incident must not be
borne in mind in a determination Of the
present case and that nothing relating
TO it in any way should be taken into
consideration in giving a verdict on
the testimony introduced in the pres
ent trail.
In substance, after repeating the
usual general caution, he said:
Gentlemen of the jury, since you
have been sworn as jurors the court
has, with elaborateness and repetition,
sought TO convey to your minds your
duty in this case. In view of the
transaction that occurred in the court
room on the afternoon of Friday, No
vember 13, the court deems il its duty
10 emphasize its instructions at this
time. The court realizes that the
Jurors may have heard or seen some
thing of that transaction or that in
formation relating to il may have
been communicated in some way to
them.
TELLS JURY OF SHOOTING
"On that occasion Mr.. Heney was
shot by a man named Morris Haas and
injured. Happily the injury was not
serious one, and there is now every
indication that Mr.. Heney will re-
cover. Now, that transaction, so far
as the court, the jury, the defendant.
members of counsel or anybody here is
concerned. shall stand as if it had not
occurred. 1t shall find no place in your
minds and you shall proceed to try
the facts and the evidence in this case
as though there had been no Interrupt
ton. Haas afterward took his own
life in the county jail 1t is not for
us here TO place the responsibility for
his crime, and we have nothing to do
save TO try the charge before u.s.
Gentlemen, you will bear this caution
in mind and act accordingly. James
Gallagher, take the stand"
Allowing no occasion for a possible
assignment Of error to slip by. Ach
concerning which he had refused to
confer A minute later he dangled the
bait for another opportunity of the
same kind, but was disappointed.
The court asked If counsel desired
that he should make a statement con-
corning a certain code section which he
designated by number. The section
referred to the placing OF a defendant
in custody after the beginning of trial,
and the suggestion was offered in view
of Ruef's contention that the Jury
would become prejudiced against him
by noticing that he was under guard
in the courtroom. The suggested ex-
planation would have been that this
was mere formality which the jury
should not consider, but when Ach
a gain haughtily refused to make any
suggestion Judge Lawlor eliminated the
statement
ACH GRILLS GALLAGHER
On the resumption of his cross exam
ination of Gallagher. Ach began at the
outset line of Interrogation intended
to put the witness in the most unen-
viable light. He probed into Gala
gher's personal history prior to his
with the boodling board of
supervisors and demanded to know on
what occasion Gallagher first proposed
directly to former Mayor Schmitz or
any member of the board OF super
yisors that they become his Associates
n crime" His side remarks, on the
leels Of many of the answers made by
he witness, drew a sharp objection
rom O'Gara and later challenge from
Johnson that threatened for a minute
% precipitate storm.
Mentioning the supervisors one at a
time. Ach asked Gallagher whether
anybody had ever intimated to him
prior TO their induction into office in
January, 1906. that they We're dishonest
Or corrupt; whether it had ever been
minated in any conversation he had
With them that they would be given
money for their votes; whether he had
old any Of them that he expected them
% commit crimes; and whether, after
election. when he did discuss bribes