The San Francisco call., 1909-02-20
BELIEVES ACH
ACCOMPLI OF
MORRIS HAAS
Francis HeHey, id Sensational
Court Scene, Makes
Statement
Attorney Rogers Casts Fire.
brand Which Lights
Among finder

Among Under
was. quick to challenge the insinuatioR
IN Rogers tone, and after listening
silently for moment the latter tried
TO explain that his remark had been
intended only as Joke. Then he Of
1ered TO withdraw his statement.
Yes. it's a joke,' responded Heney.
bristling under the usual half apology,
'Its a joke OF the kind that counsel IS
constantly repeating here and then Of
fering 20 withdraw after the damage
has been done on the minds of the
jurors It's a joke, moreover. that is
intended to reflect upon and diseredit
the characters Of men connected with
the prosecution Of these cases. It's d
joke that is directed at Mr. Burns or
at Mr. Heney entirely too often.
Mr. Heney is not now on trial." he
continued. rising from his seat and
growing more vehement He is not on
trial and does not propose to be put on
trial here, and he does not propose to
take any more scurrilous insinuations
or insults He doesn't propose to take
them now. because he took them for
six months here from Henry Ash, until
il led to an attempt to assassinate him,
and because Mr. Heney is satisfied that
Henry Ach had personal knowledge
beforehand that Morris Haas intended
TO XIII him.
Ny. Heney is not on trial and he
does not propose to have any more
scurrilous insults thrown at him. He
that his character is not in issue here
aud that he deems it highly improper
that an attempt should be made to put
him. Burns. Langdon or anybody else
connected with the district attorneys
Office on trial here.
Objects to Constant SIurs
Now. gentlemen" he added in a
lower tone, turning toward Calhoun's
attorneys, II think we understand each
other This case could and should go
on. as others which I have been in
have done. without this constant cast
ing Of slurs and insults by counsel.
I'll not make side remarks in this case
and not turn to extraneous matters, but
] can't sit here and have these side
remarks made by the other side day
after day. We won't object TO your
bringing anything into this case that
IS not a side issue, and If my character
should become a relevant matter of
inquiry here I won't object to having
you go into the subject in just as
great detail as you wish. However, we
must insist on keeping TO the main
issue here. There is no reason in the
world for resorting to such tactics and
there is no reason that counsel in this
case can not treat each other with full
respect"
Thou sayest an undisputed thing
in such a solemn way quoted A. A.
Moore. arising, and then turning TO the
court. Mr.. Heney said here the other
DAY, while Mr.. Leake was on the stand,
that he drew a line over which no
man must step. Does he mean that if
we dare intrude we viii be repulsed
by his armed retainers with sword and
pistol? He claims here in a bellicose
way that he viii not permit us or any
body else TO vilify him. I don't know
what ne would do. but as a matter Of
fact. he hasn't been vilified. There are
certain important relations into which
Mr. Heney enters which we intend to
inquire into here, and who is TO say
that We can not do so? Is he to be the
judge Of this, and if he is to be the
judge is he going TO turn loose his
gun fighters on us?'
Nobody has been dynamited and no
body has been shot on your side Of the
case, and that is because we don't hire
men for that purpose" cried Heney.
Moore Anglers Court
Attorneys Byington and Stanley
Moore jumped TO their feet stimuli
tsneously. but it was the former who
raised his voice above the clamor suf-
fciently TO sheet an objection to
Heneys remark as being 'insinuating
and uncalled for" Judge Lawlor at
tempted to stay the turmoil, but he
called for order several times before
any heed was given him. Then all the
attorneys sank slowly into their seats
except A A. Moore. who continued to
stand at the bar between the attorneys
desks trying TO make himself heard.
Il direct All members of counsel to
take their seats" warned Judge Law
Tor again Still Moore failed to move.
sit cOwn," cried Judge Lawlor once
more and there was no mistaking his
anger this time
Which seat shall I take?" demand
ed Moore brusquely.
IF you are trying TO act hippantly
with this court you'n take your seat in
the county jail cried Judge Lawlor.
Moore glared for an instant. at Judge
Lawlor and then turned slowly to his
chair. As he settled into it he an
swered back once more:
IN have TO take my seat" he said.
because I don't want to go TO Jail"
We object to the courts refusal TO
allow Us to be heard" said Stanley
Moore Then the elder Moore asked If
he might rise again, and being given
permission TO do so asked that Heney
be instructed mot TO exploit that
shooting"
The courts patience has been taxed
from time to time By such incidents