The San Francisco call., 1909-06-09


insult everybody that enters this court
room"
Then why don't you prosecute me?'
demanded Heney.
"As far as Mr.. Heney insulting the
court is concerned, Mr.. Heney has
never insuIted the court" interrupted
Judge Lawlor. This court is aware
of must appear to every human being,
that there are certain temperamental
qualifications of Mr.. Heney which oc-
casion some anxiety and apprehension
in any court in which he appears, but
that Mr.. Heney has ever attempted to
insult the court or treated it with dis
respect this court does not believe.
Mr. Heney is here, however laboring
under certain embarrassments such as
ought to appeal to the humanity of
any individual. He was stricken down
in the performance of a public duty in
this courtroom while a trial was going
on. and shortly thereafter he took up
| his present labors. Now, that is a mat
ter that appeals to the consideration of
the court if it does not appeal to coun-
sci on the other side. The court has
endeaVored to try and balance the
conduct fthe parties here; not to act
with too great a strictness in dealing
with any exhibition of feeling that
may have appeared on either side. 1t
has endeavored at all times, however,
to try and keep the balance even, so
that justice may be finally admins
tered
Il want TO take an exception TO the
remarks of your honor and say this
that there are other people here
whose rights are more sacred than
fendant charged with an offense," in
terpOsed Attorney Byington. His
rights are far above and more sacred
than Mr.. Heney's or any other prose-
cutting officers, and we claim that the
presiding officer has no right to pay
an encomium to Mr.. Heney under the
circumstances, and that the latter is
just as much the subject of criticism
as any man he has ever prosecuted a
case against"
PEOPLES RIGHT FIRST
The first right is the right of the
people" retorted O'Gara.
There are no special rights in this
court, either of litigants or in the con-
duct Of any other person" answered
the court. The remark of the court
was occaSioned by the statement of
one of the counsel for the defendant
that Mr.. Heney had insulted the court
He has not insulted the court is the
view of the court itself"
Attorney King. who had held aloof
from the argument UP to this point,
took exception to Judge Lawlors S
statement and assigned as error the
statement of OGara that the first
right in a court of justice was the
right of the people.
such a statement is misconduct" :"
he declared. 'On the contrary, the
statutes of this state say that the
first right in a court is the right Of
defendant, around whom the law
casts certain projections and safe
guards which give him that position" ;"
A. A. Moore had the last word in the
matter, declaring that Heney had at
times adopted toward the defense "a
tone of taunt' and "a snarling note of
Defiance and that he should be rep
rimanded for his actions.
Il wish now to assign as error" con-
tinued Moore, and as prejudicial to the
rights of the defendant, the en-
comuim passed by your honor upon
Mr.. Heney, and the statement that he
was shot down in his duty, as well
as the implication that by reason of
that misfortune, which all men de-
plored. that he has been privileged
from that time on to assume the
course which he has taken before this
jury and this court. 1 assign your
honor's remarks as prejudicial error,
calculated to prejudice the rights of
the defendant"
The exception of counsel may be
noted" answered Judge LawIor,
and if it shall become pertinent at
any stage of the proceedings here or
elsewhere the court will make a state
ment which will cover the general sub
ject involved in this exception
EXPOSES GLOBE LIES
The principal witness during the
morning session of the court was Miss
Marion Doyle. secretary TO William 7
Burns who identified a number of Jury
reports recovered from William NJ Abb
bott's safe as those which she had
copied while working as a stenographer
for John II. Helms, who was then the
chief of the Calhoun detective bureau
Miss Doyle also recognized the expense
account of Burns Office, recovered from
the desk of Luther G. Brown, as one
written by Rex Hamlin, who preceded
/ her as Burns secretary.
On cross examination Earl Rogers at
/ tempted to discredft the witness by
asking her if she had not been formerly
in the employ of Henry H. Hyde noted
/ In connection with the land fraud
to him and taken employment with
Burns, to whom she turned over the
secrets of his office. The witness said
that eight years had intervened be-
tween the time she worked for HYDE
and the time she went to work for
Burns. Heney asked Miss Doyle upon
redirect examination If she had seen
an infamous attack upon herself in the
Globe, in which she was accused of be-
traying the secrets of her employer.
Hyde.
TO VOTE on sEwERs-Elmhurst June To-
The Elmhurst sanitary board has voted to call