Bisbee daily review., 1909-06-27

{, prosecution of crime. He owes s
 duty to the individual citizen charged
 with crime to see that the law is ad ministered with the utmost fairness
 and impartiality.
 AS prescribed by the rule of eth
 ics of the American Bar association
 The primary duty of a lawyer en
 gagged in public prosecution is moi to convict. but to see that justice is
 capable of establishing the inno
 cence of the accused
 Does any sane man believe tha,
 Messrs. Francis J. Heney. Rudolpn l Spreckles and James D. Phelan did not desire my conviction in the trial just brought to a conclusion? The
 records show that a corps of private detectives were employed by Messrs. Rudolph Spreckles and James D.
 Phelan in this criminal conspiracy upon which they entered for the pur.
 pose of disqualifying jurors who were favorable to the defense and of
 packing the jury to secure my con-
 yiction.
 Trial Will Overthrow Heney.
 T am consoled in the failure of
 the jury to acquit me by the knowl.
 edge that the evidence of corruption
 in the district attorneys office. now
 made a matter of court record. must
 lead to the overthrow of the most
 corrupting private control of public office that has ever disgraced the legal administration of any state in America.
 Another important constitutional
 question has developed during the trial in my case, but could not be made pertinent matter before the jury By the constitution of this state il is expressly provided: No person holding any lucrative office under the United States. or any oth. CT power, shall be eligible to any civil office or profit under this state
 It now conclusively appears from the records of the office of the at torney general of the United States. sent here to the United States dis trict attorney, that during the whole period that MT. Francis J. Heney acted as assistant district attorney he held the ofBce of assistant to the attorney general of the United States and received large sums of money from the federal government What would be said if the attorney general of the United States accepted the appointment of assistant district at. torney of any state in this union, and entered upon the prosecution of citizens of that state? If the attor- ney general of the United States could not openly hold the office of assistant district attorney and prose cute citizens of the state of Califor- mia. an assistant to the attorney gen. eral of the United States should not be permitted to do so.
 Records of Corrupt Bargain.
 "The records in my case show that Mir. Francis ]. Heney was appointed assistant district attorney in spite of the federal office which he held through the influence of MT. J. J. Dwyer, the political manager of VII liam H. Langdon. then a candidate for governor of the state of Califor mia, and Mir. Dwyer received l3,400 from Rudolph Spreekles as his share in the corrupt bargain made between Messrs. Francis J. Heney and Ru- dolph Spreckles: that the very in. dictment by Mir, c. W. Cobb. another partner Of Mir. Francis J. Heney, who received s26.250 as his share of the bargain; that we have traced to MT Francis !. Heney the sum of s23,s00 as his proven share of the bargain.
 ''TheTe is no wonder that Messrs. Rudolph Spreckles, James W. Phelan and Francis J. Heney seek to control the office of district attorney in the coming election. With this record of crime spread upon the minutes of the court 1t is absolutely essential to these men to control the district attorneys office in order to stop their own prosecution. If it was an evi dence of guilt on Abraham Ruefs part when he sought to wrest the district attorneys office from wil. liam H. Langdon, it is equally an evidence of guilt on the part of Messrs. Rudolph Spreckles, Francis J. Heney and James D. Phelan for them to seek again to control it.
 "It is for the people of San Fran cisco to decide whether criminals shall control the office of district at torney and the administration of their law be dragged through the mire of corruption"