The San Francisco call., 1909-06-09
COURT CLASHES
WITH LAWYERS
IN GRAFT CASE
Attorneys for Calhoun Warned
They Will Be in Contempt
if They Misbehave
Earl Rogers Called to Account
by Heney for Grimacing
at Jurors
By w. RUSSELL COLE


and counsel in the Calhoun trial. which
led 10 threats of punishment for one
or two Of the defendants attorneys
who had offended the court, was pre-
cipitated just before the noon recess
Yesterday. when Assistant District At
torney Heney paused in his examina-
tion Of a witness to call Attorneys
Earl Rogers and Stanley Moore to ac-
count for smiling and grimacing in
the direction Of the jury.
The outbreak OF the trouble occurred
during the examination by Heney of
Raymond SCHNEIDER. an assistant spe-
cial agent Of the district attorneys
office. and was Occasioned by an answer
given by SCHNEIDER to one of Heney's
questions. IN describing what had
taken place at the time the offices of
the United Railroads were raided and
the stolen jury reports recovered. the
witness inadvertently stated that from
the lighted hallway IN which he was
standing he could see shadows moving
before the door in a darkened room.
He later explained rhat the reflection
had been cast by street lamps showing &
through the windows beyond, but be
fore this explanation had been given
the apparent flaw in mis- statement had
been noted by CaIhoun's attorneys, and
Rogers and Stanley Moore had eX-
changed knowing smiles.
Catching sight Of the pantomime
being enacted by the attorneys for the
defense, Heney paused in the midst Of
an inquiry directed to the witness and
called attention to what was going on.
He demanded TO know il a play was
in progress, and Rogers promptly re-
sponded that he considered it a farce.
ASKS END OF FARCE
u ask your honor. then, that the
farce be ended declared Heney, and
that the principal actor be called to
account and instructed that his acting
be stopped. This is not a theater-'
What is the conduct complained Of?
i did not observe it myself" asked
Judge Lawlor.
The conduct Of Mr.. Earl Rogers,
which I was attracted to by the smiles
Of some of the jurors" answered
Heney. He is evidently endeavoring
in some way to discredit or throw
odiurn upon the testimony that is being
given here. II seems to me that this
is case where the rights Of the peo-
pie as well as the defendant are Of
sufficient seriousness that at least 1t
ought 10 be conducted with some sem
blance Of dignity"
Juror George G. Gillespie. who had
listened to the statement made by
Reney, spoke up as Heney finished and
declared that he was one Of the jurors
mentioned by the latter. He had smiled.
he said because he had noticed the
seeming error in Schindler's testimony.
i am not complaining of your smiles,
Mr.. Gillespie" answered Heney. Il am
complaining of the action and conduct
of Mr.. Rogers"
That is merely an exaggeration of
trifies." interrupted Attorney Byington.
i did not observe it myself" stated
Judge Lawlor. but I trust there will
be no such departure from forensic de-
pertinent"
Rogers at once disclaimed any inten-
tiOn Of indulging IN unseemly levity,
and apologized to the court for having
committed any breach of professional
ethics. He added to his apology, how
ever that he did not regard what he
had done as demanding an apology, and
this last statement caused Heney to re-
mark that anybody with any common
sense would know that the witness
had spoken inadvertently
If your honor please cried John ].
Barrett jumping into the fray. Il don't
think we should be required to sit here
and have Mr.. Heney lecture US into a
state Of seriousness concerning a phase
OF the case that is not worthy OF it"
LAwLOR STOPS HIM
Judge Lawlor stopped Barrett with
the declaration that he was character
izing a phase Of the case in q nannar
which the court would not permit. De-
q a N =.
however, Barrett continued.
i ask your honor then" he said "fo,.
ruling that the district attorney he
no longer permitted to try and evaz-
gerate into an Importance that If dos
not deserve this trivial this ludicrous
this ridiculous line Of evidence. I suh.
nit to your honor again that this evi-
oence Is not worthy of the notice thew
are trying 10 ex&ggerate it into nv
consuming days and weeks upon such a
matter and they should not be allowed
TO whip us into state of seriousnaes
that il does not deserve,
NJ Barrett, the court renrima ,ds
you Tor attempting TO characterize
evidence as not being proper which the
court has received, and 1 trust vo,,
viii not again transgress that noint ;,
answered Judge Lawlor. Il had occa-
sion recently TO call your attention tn
-~N--A~AtA ittciAG Dl YOU which the
court deemed at the time was calcu-
lated 10 have an irritating effect NOT
alone upon the counsel on the other
side, but also on the court. You re-
ferred 10 the Dreyfus case. Now you
must not make any references Of that
kind in the presence of this court II
you DO j will punish you for it."
Then ] ask you to administer tbe
same rule TO this man who sits here
and is permitted to insult the iudge
and jury. the counsel and witnesses -
retorted Barrett. Il think we have
reached the limit Of patience when he
can sit here and lecture jurors. cues
tion the integrity of jurors. lecture
counsel and insult your honor re-
pestedly."
Barretts statement brought Heney
10 his feet again with a direct charge
against the man who had thus charac-
terized his actions.
APPOINTEE OF SCHMITZ
These are merely the ebuIlitions OF
an appointee of the crookedest mayor
we ever had in this city-Eugene E
Schmitz.' he declared.
You are mixed up in more crooked
transactions than all the men you are
prosecuting and you have not answer
ed one OF them yet" shouted Barrett
angrily- why don't you say some