Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-09
JUDGE RESORTS
TO THREAT AND
DEFENDS HENEY
UNPARALLELED CLASH MARKS
TRIAL OF CALHOUN
PROSECUTOR DENOUNCED IN Vi
IMPERATIVE TERMS
Court Allows for Temperamental Inc
Judgements of Graft Nemesis Be-
cause He Was Shot,. to Which
Defense objects
IBy Associated Press.1

[By Associated Press.1
GAN FRANCISCO, June S.-A quar-
rel of unparalleled bitterness in
~ yoIving Judge William p. Law
lor and virtually all of the attorneys
engaged in the trial of Patrick Cal
houn, president of the United Rail-
roads. enlivened day otherwise de-
voted to presentation of routine testi-
mony.
Assistant District Attorney Francis
l. Heney started the dispute by
charging that Earl Rogers, an attor-
ney for the defense, had been smiling
at members of the jury.
There was an angry response from
John ]. Barrett of the defense, who
declared that the prosecutor had un-
necessarily prolonged the trial by the
introduction of trivial matters
At this point Judge Lawlor inter
vened, threatening to send Barrett to
Jail for intimating that the court had
admitted trivial matter.
The court said that allowance had
been made for Heney's temperamental
infringements, because of the fact tnat
he was shot down in the court room
few weeks before the Calhoun trial
opened.
Defense objects
A. A. Moore and i. f. Byington, at
remarks of Judge Lawlor as serious
errors to which exception was taken.
dozen witnesses were called to the
stand during the day by the prosecu-
ton, which refused to make any state
ment relative to the probable ending
of the states case
James L. Gallagher, chief of the
board of supervisors during the ad-
ministration of Eugene r. Schmitz,
told of incidents connected with the
dynamiting of his home in Oakland
during the month of March, 1908, and
denied that he had had any hand In
bringing about the explosion.
He said he had been followed by
agents of the defense both before and
after the dynamiting.
When adjournment was reached
Adam Dahler acting treasurer of the
United Railroads company was tell
ing of payments made to various
agents of the defense who have been
summoned as witnesses.
A dozen vouchers, purporting to be
for general services and expenses"
showed that more than 100000 had been
paid to Luther G. Brown, an attor-
ney and detective, during a period of
less than two years.
How 1t Started
In the course of the dispute Heney
said to Barrett:
"IheSe are Lne eDullltlOnS Oh d Ald!l
who was appointed to office by the
crookedest mayor the city ever had,
Eugene e. Schmitz."
"Why, you've been mixed up in more
crooked work than any man in this
court room," said Barrett.
There was a demand from the de-
Tense that Heney be censured by Judge
Lawlor. The latter finally informed the
protesting attorneys that he had made
allowance for some of the prosecutor S
shortcomings because he had seen him
stricken down in the performance of his
duty and realized the difficulties he
labored under.
Judge Lawlors remarks were charac-
terized by Attorneys A. A. Moore and
L. F. Byington of the defense as a
serious error"
The worst trouble sstarted when
Heney, who had been questioning w.
H. Russell, one of the Burns agents,
suddenly dropped his inquiry and, turn
ing to Rogers, asked:
''Is this a theater?"
YES" replied Rogers, land the play
is a farce"
Wants Him Reprlmanded
"Then move that the farce be ended
and that the chief actor be reprimanded
for the part he has played" said Heney.
what is all this about?" asked Judge
,Lawlor, who had not been observing
the proceedings.
ITO what behavior do you object?"
II object to the conduct of Earl Rog-
ers,' replied Heney.
1T was brought to my attention by
some of the jurors who were smiling in
his direction, and ] observed that he
was smiling, and grimacing while this
witness was testifying, and he ap-
peared to be trying to discredit and
cast odium on the statements he had
made. l thought this was case suf-
ficiently serious to be conducted in a
serious manner"
Juror ]. C. Gillespie arose from his
seat in the front row and said:
Il smiled because of statement by
the witness which appeared to be a
slip of the tongue"
And ] noticed the statement that at
tracted the jurors attention" said Rog-
\ ers, addressing the court.
Apologies
II apologize if my levity has been un-
seemly."
The subject was about to be dismissed
when John j. Barrett of the defense
reopened the issue by saying:
81 do not think we should be lectured
by the district attorney into a state of
seriousness regarding this case. The
prosecution has spent weeks in pre-
sentation of matter that is ridiculous,
Trivial anu iuulcIouS' attempting Ny tne
length of time DEVOTED to their presen-
tation to make the jury think them
worthy of consideration"
"Mr. Barrett, the court will not per-
nit" began Judge Lawlor, but Bar
rett, ignoring the interruption, con-
cluded his remarks. declaring that the
time of the court, the jury and the at
torneys had been wasted
"The court reprimands you, Mr.. Bar
rett" said Judge Lawlor. You have
characterized as trivial and ridiculous
matter that this court has seen fit to
admit as evidence.
'This is not the first time you have
taken upon yourself to criticise my at
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