The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-14
Assistant District Attorney of
FrciscO Felled by Bullet.
Assassin Was an Ex-ConViet
Whom He Had Exposed.
FIRED IN COURT ROOM
At Close Range While the Place
Was Full.
Physicians Think the Wounded
Man Will Recover.

San Francisco, Nov. lathe San
Francisco bribery graft cases had a
dramatic climax when Assistant Dis
trict Attorney Francis J. Heney, who
has been in charge of the prosecution
during its tortuous course of two
years, was shot and seriously wound
ed in the crowded court room by Nor
ris Haas. an exconvict. The shooting
occurred during a brief recess in the
third trial of Abraham Ruef on a
charge of bribery now in its eleventh
week.
Mr.. Heney is now resting easy in
the Lane hospital and the physicians
say his wound is not fatal. Haas is in
the city prison. The assassin is Jew
and a saloon keeper who was drawn
upon the jury panel in the second
trial of Ruef and who. after having
been temporarily passed by both
sides, was exposed in aSdramatic man
ner by Mr.. Heney as an exconvict and
discharged from the grand jury. Haas
declared after the shooting that
Heney had ruined his life by exposing
him and that he had determined to
kill him for that reason. Mr. Heney
had finished the cross examination at
noon of J. Gallagher, the prosecu-
TONS most important witness in all
the bribery graft cases and the self
confessed "go between" of Ruef and
> >.
Henry Ach,~ chief counsel for .Ruef,
had subjected Gallagher to a severe
cross examination for two hours in
the afternoon when Judge Lawler de-
clared a brief recess at 4:05. The jury
filed out and Mr.. Heney and Ach and
Dozler, at the request of the judge,
went into his cham Der to confer with
him on some proposed instructions to
the jury. At the close of the confer
ence Ach, Dozier and Judge Lawler
went out of the court room in front
of the building which is located on
Fulton street near VanneSS avenue.
Mr.. Heney instead of going outside to
enjoy breath of air, stepped for a
moment into an ante room and then
came back to his counsel table
While many of the people had gone
out on the side walk there was still a
large crowd in the room.
Shot From Behind.
Heney was leaning over on his table
conversing in low tones with Al Nc
Cabe, chief clerk in the district attor-
ney's office. Directly in front of him
was James L. Gallagher, the witness.
A representative of the Associated
Press had just walked to Mr.. Heney's
table and was standing at his left
elbow waiting to speak to him, when
a small man neatly attired, approach
ed the assistant district attorney from
behind with quick steps but with de-
liberation. Suddenly his right hand
shot out and before the newspaper
man. -MCCaO6 or JOf1n FOLEY, Hen
special body guard sitting about eight
feet away, could make a move there
was flash and a loud report rang
throughout the court room.
For a moment everybody seemed
stunned and paralyzed. The assassin,
whose revolver was within a foot and
a, half of Heney's head when he pulled
the trigger, stepped back, his arms by
his sides, one hand still clutchinp the
smoking revolver as if he hesitated
what to do. For a fraction of second
an impressive silence followed the re-
port while the smoke of the shot Iazily
foated away.
Then followed a dramatic scene
Someone shouted, MY God, he has
shot Heney." A chorus of means es-
capped the crowd. Half the people evil
IDENTIFY fearing further shooting made
a frantic rush for the doors. Before
Haas could raise his pistol again.
Foley and E. J. Wiskotchil, a special
policeman, were upon him, threw him
to the floor and wrested the weapon
from his grasp. He struggled hard,
but was dragged to the jury box
thrown on his back and held there
Just as the jury attracted by the shot
came bursting through their private
entrance.
Called for His Wife.
Mr.. Henev arose out of his chair
put his hand to his head the blood
streaming through his fingers and red
dening the table in front of him, lean
ed over moment and was caught as
he began to fall. He was laid on the
floor, Charles Oliver and John Foley,
special detectives connected with the
district attorneys office. holding his
head out of the pool of blood which
flowed from hole which appeared to
be just below his right temple. He
Press reporter stepped, down by his
side and spoke to him, his first words
were:
''Send for my wife,
~ A
court room at the time rushed to Mr.
Heney's side, made a hasty examina-
tion and pronounced him fatally
composed, the peculiar smile for which
he is known was still lowering around
his lips. He also believed that he was
fatally hurt. Turning his eyes to John
O'Gara, his assistant in the trial, he
said:
ct want to make a dying statement
believe am going to die
II was sitting at my table when I
felt what thought was blow. I do
not know who shot me. I was doing
nothing to anyone"
Ruef and his two attorneys, who
were out on the sidewalk, were startled
by the report and started for the court
room, but were forced down the steps
BY the crowd rushing frantically out
and the police refused t. admit them.
What has happened" shouted
Ruef to the Associate Press repre-
sentative, as the latter ran out to the
nearest telephone.
"Heney has been shot," was the
reply.
my God. who did that?'' he asked.
Ruef's Sends for Doctor
Ruef's automobile stood in front of
the building and he Immediately or
dered his chauffeur to get the near
est physician. The car returned a few
minutes later with DR.. A. S. Tuchter,
of 7O3 Vanness avenue.
Medical assistance was somewhat
slow in arriving and DIR. Tuchter was
the first physician on the scene. Mr..