The San Francisco call., 1908-11-25
.ACH FORCED TO
MAKE PROGRESS
IN RUFF TRIAL
Judge LawIOr Puts Limit on
Cross Examination of Gala
CHER by Defense
Testimony in Ford Trials lntro-
duced in Endeay0r to
Impeaeh Witness
Former Supervisor Furey Be-
gins Recital of Transactions
of Boodling Board

Forced by a peremptory order OF
court to abandon his dilatory tactics.
Henry Ach of Abe Ruef's counsel COM
L. Gallagher yesterday and the direct
examination Of former Supervisor John
J. Furey was begun.
That progress was achieved was not
due to the desire of Ruefs attorneys.
for Ach fought against the dismissal
of Gala agher, but when Judge Lawlor
proved obdurate and set a final limit
on the examination, Ach showed his
talent as a cross examiner and covered
more ground In a few hours than he
had previously done in days.
At o'clock in the afternoon Ach was
forced by the court to bring his cross
examination of Gala CHER TO an end.
A time limit had been set previously
by Judge Lawlor for the noon hour,
but there was a delay of 20 minutes
in the opening of the morning session
and the defense was consequently al
lowed to continue over to the after.
noon.
Ach entered strenuous objection
when he was ordered to desist in his
examination and it was with bad grace
allowed the direct examination of Flu
rey to proceed.
FORMER TESTIMONY USED
During the morning session, while
Gallagher was still on the stand, the
record was numbered with the introduce
tion by Ach of the transcripts of tes-
timony taken in the three Ford trials
The battle OF the defense was directed
toward an effort to show that in for
mer trials Gallagher had not testified
that he made a bribery offer to Furey
in the United Railroads deal prior
10 the payment of the money, and that
his testimony was given in conformity
with the case on trial.
In this endeavor to impeach the wit
ness the defense was far from sue
cessful, for it was shown that in former
trials Gallagher had merely testified to
the best of his recollection, and that
since giving such testimony he had re-
freshed his memory by a study of the
other ex-supervisors connected with the
case.
Ach made an effort to prove that CAL
lagher had not been a representative
OF Abe Ruef in engineering the va
rious bribery transactions, hut that on
the contrary he had been acting in be-
half of his boodling colleagues on the
board of supervisors. This Gallagher
denied, asserting that he had been nom
IN q
had never been chosen the spokesman
of his fellow supervisors at any eau
Gus or other meeting
ATTEMPT TO DISCREDIT
A final attempt to discredit the wit
ness was made by Ach toward the close
Of the examination, when he asked if
Gallagher had any greater conScien-
tious scruples against false swearing
and perjury that he had at the time he
signed the affidavit declaring that he
had never committed a crime.
The affidavit referred to was one of
several filed by the former supervisors
in answer to the suit brought against
the board by District Attorney Lang
don at the time the effort was made to
oust him from office and establish Ruef
in his place.
That is delicate matter" an
swered Gallagher. II prefer to let
my conduct be the basis of judgment
as to whether by conscientious scruples
have changed. 1 think, however, that
l may answer this question in the af-
firmative. None of us ever know what we
may do under certain circumstances.
When l signed that affidavit allega-
tions had been made against me that
amounted to a direct accusation of
crime. Had l not denied those ailega-
tions my reputation in this commun-
| ity would have been ruined forever.
| Now, nothing in the world could place
me in such position again, but if I
was in such position 1 believe that
I would act differently"
ACH OBJECTS TO LIMIT
On redirect examination Matthew l.
Sullivan took the witness in hand, but
he asked only three questions. These
questions were directed to the sub
stance of statements made by the wit
ness to Furey concerning the trolley
bribery and the discussion that the
two had concerning the matter.
Ash objected when Gallagher was
ordered to leave the stand and when
Furey was called to succeed him, but
his protests were without avail F'u-
rey's testimony was the same that he
has given in former trials He said
that he was testifying under an i'm
munity contract and then admitted his
part in the bribery deals consummated
while the boodling board OF supervis-
ors was in office.
Furey said that the immunity con-
tract given him was dependent on his
telling the truth whenever called upon
to testify, but that he did not know
who was to be the judge of the truth
or falsity of his statements.
Furey was still under direct exami-
nation when adjournment was taken
at $50 o'clock yesterday afternoon, and
will be recalled to the stand when
court is resumed at 9 o'clock this