The San Francisco call., 1908-12-10
HENFY GIVES
TESTIMONY IN
MURPHY TRIAL
Wounded Prosecutor Is Warmly
Greeted Upon Reappear-
ance in Court
Furnishes Damaging Evidence
Against Attorney Indicted
for Bribery

Attorney Francis J. Heney as a wit
ness in the trial of Frank J. Murphy,
and the martyrdom OF Martin Stevens,
an attorney, In an attempt to aid the
defense were events that followed each
other yesterday, making the morning
session the most eventful since the
trial began
Clad IN large ulster. and the picture
OF ruggedness, Heney appeared in the
courtroom shortly before the noon hour.
He was followed by the watchful John
Foley. his body guard. Heney smiled
as he entered the room-the optimistic
smile that has characterized the prose-
cutor during his days of defeat and
success He walked slowly across the
r roon, grasping chairs for support He
\ rrst greeted District Attorney Langdon.
then Assistant District Attorney Will
liam Hoh Cook. acknowledged greet
ings from Judge Murasky. and bowed
courteously to Schlesinger and the
Murphy retinue.
The defendants look of surprise at
the appearance of Heney was general
among his followers and his attorneys.
They were wont to make capital out of
the prosecutors visit to the courtroom.
assuringly murmured, in sarcastic
mood. very spectacular"
HENET's REAL PURPOSE
The real purpose Of Heney's visit was
revealed later when he took the wit
ness stand and gave damaging testi-
mony against the indicted attorney.
He first related how he had been as
signed to the graft cases as an assist
ant district attorney and in that ca
pacity appeared in the Ruef case, in
which Murphy was an attorney for the
defense. He told of John Martin
Kelly's entrance to the courtroom on
the fateful afternoon that Murphy's
bribery plot had been exposed, and add
ed 10 the mass of testimony the incrim-
mating fact that Henry Ach had said to
Murphy upon seeing Kelly in the room.
there she goes. meaning that the
bold attempt at bribery would be fas-
tened TO Murphy. Heney then de-
scribed the actions of Murphy, indica-
tive Of . guilty conscience.
The moment that Kelly reached the
gate said Heney. Mr.. Ach who was
sitting near Murphy, said: There she
goes. Murphy did not arise from his
seat at that moment. but addressed the
court while seated, so great was the
confusion He finally arose and walked
around the table and began to address
the court.
The defense made no effort TO cross
examine the witness.
MARTYRDOM OF STEVENS
Martin Stevens martyrdom IN the
interest of the higher ups" began with
the frst utterances on the stand. He
lsbored under q strain. Like SchOoler,
he began coolly and deliberately, but
found himself 50 badly entrapped that
his attempts to extricate himself added
only 10 his confusion The jury was
not unmindful Of the witness awkward
situation. for members smiled at the
most glaring discrepancies in his testi-
mony. Once he refused TO testify on
the ground of privileged communica-
ton. but the privileges were swept
away. He denied ever having given
Blake any money.
To the prosecutions questions, Ste
vens showed his unwillingness to an
swer. but in so doing he became the
star witness Of the day for the prosecu-
ton.
His memory as to incidents at the
Blake trial and TO dates was very poor;
he could not even remember that Blake
had ever been tried and said that he did
not know whether Blake had been in
dicted But he did tell under heavy
pressure that as soon as he had been
dismissed from the grand jury he pre-
pared a transcript of what had trans
pired In the secret chambers and turned
il over to Frank J. Murphy. Il told
Murphy what I had said before the
grand jury" said Stevens, in order
that he might get a square deal-that
lac should know all that happened in
the room" Although familiar with the
penal code Of this state, Stevens said
that he was not aware that TO divulge
the proceedings of grand jury was
criminal
MURPHY ASKED ADVICE
Murphy asked me for advice" con-
tinued Stevens under examination, lin
connection with this case, in relation to
the charges in the indictments
Further questions were asked of the
witness concerning the engagement of
his services by Murphy, but he said
that his reply already given was the
best answer that he could make
You mean" said Assistant District
Attorney Cook, that it is the best an
svrer you will give"
Stevens said that he would nots un-
dertake to answer any questions as to
his. conversations with Murphy without
thinking the matter over. He sug
gested that Murphy be placed on the
stand before he continue with his state
ment saying that he would like to hear
what Murphy had to say Il would not
like 10 contradict Mr.. Murphy" was the
admission made finally by the witness.
REF. ALTON WITH BLAKE
Cook established Stevens relation
with Blake and Murphy as their attor
nev after much effort Stevens admit
ted that the events in the grand jury
room had kept him awake many nights
and that he did not like the unpleasant
newspaper notoriety attached thereto
How is it that you reInember so dis
ffncflv your conversations when the de-
fense asks you about them2" Cock
asked
Il can not explain that" stammered
the witness. He then related how he
had taken all Of his testimony before
the grand jury in transcript form to
Murphy
The prosecution made an attempt to
frc11, Cha r-leS nol1rr-