Los Angeles herald., 1909-06-09
He Gets Angry

i TIE 1ctS angry
That Judge Lawlor was angry at the
close of this warning was apparent to
all in the court room. Notwithstand-
/ ing, Mr.. Barrett again took the floor,
paying no attention to orders COM
manding him to resume his seat, and
saying
IF the court intends to punish me,
then what about this man sitting over
here who has repeatedly been permitted
to insult the court, the jury and the
attorneys?"
Mr.. Heney was intensely angry when
| he replied, but he remained seated and
turned away from Barrett, who was
standing as he said:
This is an ebullition from a man
who was appointed to office by the
crookedest mayor this city ever had
Eugene E. Schmitz."
His face flaming with anger, Barrett
| advanced two or three steps toward
Heney, shaking his hand aloft as he
said:
You have been mixed up in more
crooked deals than any other man in
! this court ROOM"
1.-THE limit has been reached when
this man is permitted to go on in this
fashion," continued Barrett. II do not
think any one of us should be COM
PEELED to remain here and endure his
insults
Judge Thunders
| "Mr Heney has never insulted the
court" Numbered Judge Lawlor. HE
has certain temperamental qualities
which / have observed and made al
| loWances for.
HE was stricken down in this court
while engaged in performance of his
duty and resumed his activities at an
early date. Mr.. Heney is laboring un-
der embarrassments which should APP
peal to the humanity of any individual
That circumstance appeals to the court
if it does not appeal to counsel on the
other side"
ST except to the remarks of the
court" said l.. r. Byington of the de-
Tense. "The rights OF the defendant in
this case are more SACRED than those
of Heney or any other prosecution Of
| ficer. We claim that the presiding
| officer of this court has no right to
pay an encomium to Mr.. Heney under
the circumstances"
1.-THE first right here is the right of
! the people," said John O'Gara, assis-
tant to Heney. "There are no special
rights in this court" declared Judge
Lawlor sharply.
Alexander King renewed the charge
of misconduct, remarking that the
rights of the defendant were pre-
eminent, and Judge Lawlor said:
Too Much Hilarlty
| 'I have had occasion to observe some
manifestations of hilarity to which
have not adverted. l have seen little
exhibitions which I thought not proper
| and 1 trust will not be repeated"
At this points A. A. Moore, senior
counsel of the defense, entered into the
| debate, saying:
HAS your honor not observed that
Mr.. Heney frequently has adopted to-
ward us a tone of taupt and a note of
| snarling defiance to which we never
have responded in kind? I wish now
| to assign as error and prejudicial to
the defendants rights the encomium
passed by your honor upon Mr.. Heney,
| the statement that he was shot in dis
| charge of his duty and the implication
| that he has therefore been privileged
to assume the course he has taken.
"For the rights of my client l would
be- afraid to assume toward your honor
the tone he frequently has assumed
here. I assign the courts remarks as
prejudicial error"
Judge Lawlor terminated a long
wrangle by acknowledging responsible
ity for the remarks he had made, say
ing:
"If it becomes pertinent the court
will make q statement covering the
general subject involved in this ex-
ception."