Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-11-19
DEFENSE GRlLLS
STATE WITNESS
IN RUEF'S CASE
jim GALLAGHER IS SEVERELY
FLAYED BY ACH
HISTORY OF sooDLERs RE-
VIEWED IN COURTROOM
Trial of Former Political Boss of San
Francisco Draws Large Crowd.
Jury Admonished by
Lawlor
[Ry Associated Press.1


q AN FRANCISCO, Nov. 1S.-With
Hiram Johnson, Matthew I. Sui
~ livan and Joseph ]. Dwyer, three
prominent attorneys who volunteered
their services, at the trial table in the
place of Special Prosecutor Francis j.
Heney, who was shot down in the
court room Friday afternoon. the trial
of Abraham Ruef, former political boss
of San Francisco under several score
of indictments charging him with brib-
cry, was resumed before Judge William
p. Lawlor at o'clock this morning,
just where it was Interrupted by the
tragedy
The three attorneys are acting as as
sistants to Assistant District Attorney
John OGara, but Johnson and Sullivan
are virtually conducting the trial
Judge LaWlor yesterday denied the
application of the defense for change
of venue made by counsel for Ruef on
the ground that Ruef could not now
have a fair and impartial trial because
of the feeling and prejudice aroused by
the tragedy in the court room, and the
court swept aside all other motions
and technicalities interposed to stop
the progress of the trial.
James L. Gallagher, the prosecutions
star witness against Ruef, for whom
lie dCl6Q as dS6lll III lIc dllcSGQ DAlO-
cry transactions with the board of SUI
pervisors, whose direct examination
had been finished by Mr.. Heney two
hours before he was shot, resumed the
witness stand this morning.
Gallagher GrilIed
Henry Ach, chief counsel for Ruef.
subjected him to a severe cross-exam-
ination, which in all probability will
last for several days.
Counsel for Ruef endeavored to get
Gallagher to differentiate between ''re-
membrance," best recollection" and
positive recollection +" with which wit
ness qualified his answers.
This was productive of many sharp
clashes between Ach, Johnson and Sui
Ivan.
A strong force of police and detec-
tives was again on duty in the court
room. corridors and in front of the
building, and the precautionary meas
ures put into effect Immediately after
the shooting have in no way been re-
laxed.
While the court room is supposed to
be open to the public, not more than 200
people were admitted, and these had
to run the gauntlet of double line of
policemen on the steps and in the cor
ridors.
Many were turned away and some
were deftly searched for weapons, but
there was no great crowd clamoring
for admittance.
In the court room an extra railing
had been run from wall to wall directly
behind the press tables with but SIN
gle gate located in the middle of the
aisle, and operating with spring lock
Spectators Held Back
This effectually cut off the spectators
from pressing forward. At the gate
stood a policeman and any one ap-
preaching the front part of the court
room had to come up the center ailse,
past several policemen and directly
under the eyes of six detectives. four
of the prosecutions special agents and
several deputy sheriffs. who sat facing
the spectators. No one arose in his
seat but the eyes of all the detectives
and policemen were Immediately
watching every move.
Touching upon the complaint of Ruef
in his affidavit yesterday that his at
torneys and friends associated with
him in his defense were not allowed to
enter the court room, Judge Lawlor IN
structed the court attaches and the po-
lice to admit any and every person
Ruef or his counsel desired in the court
room At this Matthew l. Sullivan
asked if there was to be no restriction
on numbers. The court replied it would
deal with the numbers if the question
should arise. When the jury had en-
tered Judge Lawlor admonished them
as follows:
Admonishes Jury
1.-THE court has on many occasions
sought to convey to your minds the
understanding of your duty in this
case. 1t has been pointed out to you
that Abraham Ruef pleaded not guilty
to the charge against him and you viii
pass solely upon the facts in the case
as shown by the evidence. / do not
think l need amplify my admonitions
in that respect. In view of the trans
action that occurred in the court room
on the afternoon of last Friday, the
court however, desires to re-emphasize
with all its power that the jurors must
utterly disregard that transaction.
"The court realizes that the jurors
may have seen a part of that trans
action, or that phases of it may have
come to their attention. The jurors
must relieve their minds of anything
they may have seen, they may have
heard or that may have been or will
be communicated to them.
''I may state to you that Francis j.
eney was shot by a man giving the
name of Morris Haas; that Mr.. Heney
was wounded as the result of that as
sault but happily the wound Is not
serious and there is every indication
that Mr.. Heney will recover
Tells Them Bare Facts
'It may be stated also to you that
the assailant afterward took his own
life in the county jail.
"The court admonishes the jury that
this transaction so far as the court,
the jury the defendant at bar, counsel
and all interested in this trial must
stand as though they are not concerned
go chat M narsOn is charged with
any responsibility in regard to it.
''The entire matter should have no
place In your mind and should cause
no bias or prejudice against ony one"
"Call the witness, James l.. Cal
lagher."
Gallagher in response to the ques-
tions of Ach admitted he had been in
conference with the new attorneys for
the prosecution with reference TO his
lcnutln.,ad ON Pnnn Inznl