The San Francisco call., 1909-04-27
SIGNED FALSE
AFFIDAVIT AS
RUFF DESIRED
Gallagher, Under PitiIeSs Cues
tiOning by Heney, Suffers
HumiIiating Ordeal
Admits That Doodle Supervisors
We're Trying to Prevent In
vestigation of Their Crimes

James l. Gallagher. former leader OF
ne Schruitz-Ruer board OF boodling
supervisors remained on the witness
stand under redirect examination All
day yesterday IN the Calhoun trial
rozgh the inquiry OF Assistant Dis
sFict Attorney Heney, Gallagher was
forced 10 60 into every detail Of his
participation in the United Railroads
overhead trolley franchise bribery deal.
ard the day was passed in the building
5 OF. 3 general refgtstion Of many OF
r9e' claims advanced BY the defense
PROJECTION WINS CONTENTION
The prosecution won the first bout
4 Of the day when IL received a ruling
rom Judge Lawlor allowing the ad-
mission OF testimony 10 prove the mo-
tites and circumstances which caused
Gallagher 70 sign the notorious affidavit
denying that he had ever committed a
Felony while he was n public Office.
The argument concerning the admission
q this line OF testimony occupied most
'e9sS last Friday afternoon and the de-
-c1sion vas held n allegiance by the
.ceurr untl yesterday morning Judge
rton conducted by the defense amounted
70 an attack upon the credibility OF the
witness ana that in the circumstances
3. The prosecution had a right 10 show in
what manner Gallagher was Influenced
III signing rhe document which IS ad-
witred 70 be perjured statement
FEARED INTESTIGATIoN
= When the ruling in favor Of the
. prosecution was given by the court
r.,--
or the legal question involved Heney
pat the direct question 70 the witness.
asking him what his res sons we're for
: signing the af1dsvit which was ineor-
p pt0rated IN an answer TO the suit
brought BY District Attorney Langdon
rs prevent Abe Ruef from carrying out
Ills design TO steal the district attor-
.neys once
>. Ny reasons were many answered
e5allagher. and il is hard 10 recall all
-fh6 things which Influenced me
sincerely glanced through the answer be
= fore I signed IT, but knew IL contained
= denial OF the commission Of any
crimes I had talked with Ruef and he
rad told me that he had determined
p [ at Ian gdOn should be removed from
once and that he should take the posi-
tfon himself he asked me. as acting
mayor. 10 assist him. and 1 assented- 1
knew that q grand jury had been i'm
paneIed % investigst conditions. that
Nj. HeRey had been appointed an as
sfstsnt district attorney and that We
= stera al IN danger 1 was actUsted in (
signing that answer principally BY {
= .feslre 70 prevent the prosecution which 4
= felt was about 70 begin and TO escape 1
p tie investigation by the grand jury 4
HUMILIATING ORDEAL
Heaey followed up this statement OF .
saaUagher-s by putting the witness 4
: through one Of the most humiliating 1
crdesIs which he has ever been forced /
- uudefgo during any Of the many 1
times ne has been called as a witness 4
= testify 10 his own shame Heney /
rad the answer TO Gallagher para 4
:. graph by paragraph. and at the con-
cIusion OF each asked the question, rs 4
L true or IS X falseE More than once 4
gallagher was made 10 answer It IS .
false
Heney went more at length into the
- sbjects O the signing Of this affidavit. I
demonstrating by the Introduction OF 4
. (ssIlagher-s own testimony that the /
perjury was committed under orders +
from Abe Ruef and that at the time 4
The witness was in great fear Of prose- /
cutiOn for the crimes he had COM
mirted-
Following this Heney delved into
the subject Of the general attitude OF
The public toward the overhead trolley 4
franchise matter Immediately after the I
fre He asked Gallagher what he 4
knew OF the trend Of public opinion /
and Gala CHER said that he had heard I
the tolIev franchise discussed as far
back as 1905 and that he believed the 1
general sentiment 70 be in favor Of the
underground conduit system He
identified the reports OF several engi-
reers who studied the overhead trolley
matter before the FIRE. admitting that
lie had seen these reports before the /
franchise was passed He also identi- I
ned q number of newspaper clippings
reEa riding the same matter
EXAMINATION Not CONCLUDED
Heuey. after hard fight with Cal /
hounrs attorneys. got into the record 4
z statement made bv the members Of I
4he b0odlfng boa I'd Of supervisors prior +
10 their election in which they an I
uounced themselves as favoring the /
underground conduit system From /
this subject the redirect examinatio /
was turned away 70 cover most OF the /
principal points brought out by A A +
Moore OF the defense on cross examf- I
nation The ground was well COW +
cred by Heney. but the redirect ex-
animation was not concluded BY the
time adjournment was taken yester- 4
morning
ACCUSED or
q. ASSAULTING REPORTER
Gallagher was accused yesterday by 4
Edwin CI0ugh- newspaper writer Of 4
the Globe Of having assaulted him 4
5ust prior 70 the beginning Of court /
yesterday morning. Clough has writ 4
ten several severe charzcterizations of 4