The San Francisco call., 1909-05-26
Miss Vergilia Bogue, queen of the Portola festival

United Railroads or from any one con-
nected with it to be paid to Al Nc
Kinley2" persisted Heney.
4 have taken my stand in this mat
ter and will keep to it," retorted
Brown. 81 refuse to answer.
Did you receive any money from
any one connected with the United
Railroads with which TO pay Rex Ham
limp" Heney demanded.
THE witness need not answer" in
terrupted Judge Lawlor as Brown be
gan his refusal again. That brought
the examination finally to close.
The reports from Attorney General
Wickersham concerning the appoint
ment of Francis J. Heney as special
federal prosecutor and the vouchers
showing all salary payments to him
were received yesterday at the office
of United States District Attorney Dev-
lin, but did not figure yesterday in
the case.
DEVLIN MUST KEEP THEM
John J.. Barrett of CaIhoun's counsel
spent much time taking copious notes
from the documents at hand, but if
they figure at all I'm the trial it will
have to be with Devlin called as a
witness to produce them, for the attor-
ney generals Office has given strict
orders that the report and vouchers
shall not leave Devlin's personal pos
session for any purpose unless under
order of court making them exhibits
In evidence.
1t was stated yesterday by members
of the prosecution that all efforts to
locate Hugh and John ONeill and E. A.
Platt who are wanted as witnesses,
have been in vain, though subpenas
have been out for them for several
DAYS. Another missing witness is j.
c. Brown, former assistant to Luther
Brown. Heney declared yesterday
that subpoena has been out for him
in Los Angeles for more than week,
but that he had not been located.
Charles Goff, the policeman who has
been with Helms ever since the latter
first went on the stand. had a slight
encounter yesterday morning with Pat
rick Sullivan, a former saloon keeper
who is said to have made threats
against Goff's life.
INSULTED AT COURTROOM
AS Goff was entering the. courtroom
Sullivan was near the doorway and
scowled at Goff as the latter passed
him. Goff ordered him on and received
an insulting reply. He grasped Sulli-
van and showed him along the sidewalk,
and when the man tried to turn back,
sent him along again and threatened
him with arrest.
At the outset of his testimony yes
terday morning, Luther Brown adj
mitted that in August, 1908. when
Helms was remaining away from the
city to avoid being subpenaed as a
witness, he went to San Jose at the
request of Tirey L. Ford. met Helms
there and paid him $500, which Ford
had given him for the purpose. The
payment was made in gold. and Brown
received receipt, which was not item
lied.
Brown followed the lead set by Tom
Gibson on Monday by declaring his be-
lief that the dynamiting OF Gallagher's 8
home in Oakland was the outcome, of
a scheme purposely invented to cast
odium on the defense. He said that
his Investigations convinced him that
the dynamite was exploded by CAL
lagher himself or by the latter's
brother in law, w. H. Schenck, with
whom he lived.
What purpose did you think Gall
lagher had in blowing up his own
house2" queried Heney.
Il figured that 1T was done TO arouse
the tagging interest OF the public and
create sympathy for Gallagher" an
swered Brown.
The reports of his Investigations
We're reported by him, Brown said, to
Calhoun personally, but he denied that
any conversation regarding the matter
was held between himself, Calhoun and
Helms in Garret W. McEnerney's Office
\ in the Flood building
Luther Browns examination was in
| terrupted while Heney sput Nicholas
Korngold, former Calhoun detective
who is now in Burns employ. on the
stand TO lay a foundation for certain
questions which Heney desired to ask
of Brown. Korngold told of receiving
stolen reports from Platt and turning
them over to Helms and William M
Abbott, of being assigned by Abboti
to the investigation of the Claudianes
and Pauduveris ends of the Gallagher
dynamiting case and OF being sent out
of the city so that he could not be
called upon to testify
INSTRUCTED BY ABB0TT
Korngold was withdrawn after 9
short examination, but was later put
on the stand again and completed his
testimony. He described how he had
followed Burns TO Oakland on August
1s, 1903. when Burns was beginning
his investigation of the Gallagher case
.T,eiho11 G. IN for q <rood 1.,,ro,, -