Los Angeles herald., 1909-06-03

ings stated that she had recently been
interviewed by a Mr.. Lea, whom she
described and who Heney charged had
been sent by the United Railroads TO
interview the witness. She added that
the man had asked her to identify a
newspaper portrait of Helms
A bitter dispute between a witness
and an attorney, ending IN an accusa-
ton of perjury and warning against
repetition of the term, enllVened the
session later
John II. Helms. recalled to the stand,
identified a number of reports he de-
clared to be copies of documents stolen
from the office of w j. Burns during
one of the trials of TREY L. Ford.
did you see any of those reports In
the court room at any time" asked
Assistant District Attorney Francis j.
Heney.
Il did" replied Helms. 81 saw some
of those sheets in the hands of the at
torneys. who used them in the exami-
nation of jurors. l also saw Mr.. CAL
houn looking over some of Them
Don't you know that no reports were
ever used by the attorneys for the
defense in the Ford trial?" asked Earl
Rogers of counsel for the defendant.
Stands by Testimony
II have testified to the contrary"
said Helms. land l shall stand by it,"
Don't you know that you procured
yourself when you made that state
ment?" inquired Mr.. Rogers in angry
tones.
mo l don't" said Helms, springing
to his feet and leaning forward to
shake a forefnger at the attorney.
81 am getting tired of this mention
of perjury, and will not take it any
longer. If you think you can prove me
guilty of perjury, try it, but don't use
the word again until you have done SO.
Helms resumed his seat by direction
of Judge Lawlor, to whom Heney APP
pealed, requesting that Rogers be pun
ished for contempt of court Another
angry debate had been instituted when
the court said:
IF such language is used again
while l am presiding here, some one
will go to Jail"
Rogers, renewing the re-cross-exam-
nation after order was restored ques-
toned Helms closely about his Masonic
affiliations. Helms said he had joined
a. lodge in New York and taken some
of his degrees in Italy While this line
of inquiry was in progress there were
several unfriendly comments passed
by both Mr.. Rogers and the witness
The latter on one occasion said:
viii Not Be Trapped
you are simply trying to trap me.
and you are going to fail.
MIR. Heney aroused the resentment
of Judge I.awlor during the eXamina-
ton of a succeeding witness. to whose
statements the prosecutor took eXcep-
ton
Nh. Heney declared he would not
proceed until the witness had been in
structed to stop making volunteer
statements.
''There is no necessity for your as
surning a position antagonistic to this
court, Mr. Heney," said Judge Law
lor.
II will put myself in an antagonistlc
position to the court if the witnesses
| present are not protected said Mr..
Heney. 81 will undertake to protect
my own witnesses regardless Of the
consequences.
Mr.. Heney, who was standing, re-
sumed his sea only after the court
had consented to a review of the state
ments made by the witness. The exam
nation proceeded.
Rex N Hamlin, formerly secretary
TO w. ]. Burns and charged with COM
plicitv I'm the theft of documents from
Burns office, was called as witness
late in the day and refused to testify
on the ground that his statements
might tend to incriminate himself.