Los Angeles herald., 1909-05-25
HENEY INVADES
CALHOUN'S CAMP
PROSECUTOR SEEKS LIGHT ON
GALLAGHER EXPLOSION
RAILWAY ASKED FOR INQUIRY,
SAYS DETECTIVE
Secretary Francis Admits Having Re-
ceived Many Reports on Jurors
Abstracted from the Office
of Burns

| SAN FRANCISCO, May 24.-Francls
J. Heney, prosecutor in the trlal OIL
/ Patrick Calhoun, president OF the
! United Railroads. went into the camp
of fine defense for several of his wit
! nesses today, and in consequence the
! proceedings were embtttered by strife
/ between consul and continual sklr-
mishes between Mr.. Heney ana the re-
! luctant and hostile subjects of inter-
rogation.
From the manner in which the case
4 was conducted today 1t appeared thaL
the state was approaching the end OF
its long roll of witnesses, ana hopes
were expressed that another fortnight
] would end the trial, which entered TO-
day upon it's twentieth week.
This afternoons session, which pro-
duced virtually all of the important
testimony of the day. was devoted TO
examination of Thomas B. Gibson, a
detective in the employ of the United
Railroads; George A. Francis, secre-
tary of the companys legal depart
ment, and Luther Brown, Los An
geles attorney, who has been active IL
behalf of the defense.
Mr.. Heney asked Gibson to explain
his part in the investigation of the
dynamite explosion which wrecked the
Oakland home of James l.. Gallagher,
one of the important witnesses for the
prosecution, and imperiled the lives OF
Gallagher and seven other inmates OF
the house. Mr.. Heney's questions car
ried many charges that Gibson denied,
but the witness admitted that he had
been directed to look into the affair
by Thornwell Mutually, assistant to
Mr.. Calhoun.
Purchase of Dynamite
When asked what he had learned
Gibson said:
II discovered that two men were ar
rested and held in Oakland for a
couple of weeks and that one of these
men had bought ten pounds of dyna-
mite. His name was Wilhelm, and
supposed he was working for William
J.. Burns"
What report of the matter did you
make to William M. Abbott?" asked
Mr. Heney.
"I told him that thought Burns and
Wilhelm had a hand in it and that
the explosion was brought about to
create a feeling against Mr.. Calhoun
in his trial" said the witness.
Ibid you think Burns wanted to kill
Gallagher?" asked the prosecutor.
Il did not" replied Gibson. Il had
reasons to believe that the people who
lived in the house were all in the back
yard by arrangement when the explo-
sion occurred"
Heney Makes Charge
Mr.. Heney then asked Gibson If he
had not attempted to interfere with
Burns when the latter returned from
the east and attempted an investiga-
ton Of the dynamiting. The defense
interposed an objection and Mr., Heney
charged that an attempt was made to
silence Gallagher by assassinating
him and that the agents of the United
Railroads were instrumental in the eff
fort to suppress evidence of the crime
Criticism of Heney
''Never in the course of a long prac-
tice have seen district attorney take
such position" said Alexander King
of Georgia, associated with the defense.
IF this crime was directed against
your chief witness why did you not
indict some one?"
1--WE did indict one man." said Heney
and he is serving a life term in the
penitentiary, but we have not got the
men who were behind him"
And in this direction you will never
find them" affirmed Mr.. King.
why should we want to blow up
Gallagher? This is an attempt to In
troduce false issues and should not be
allowed"
Stanley Moore of the defense sup
ported the objection in a statement in
'AiANiA AAC NAleli clNAtI lLtu Tue charges as
stock issue of the prosecution to be
lugged in against every defendant.
The examination of Gibson was pro-
longed by his failure to remember
many of the circumstances in which
he is alleged to have taken part. He
denied, however, that he had assigned
two men to follow Gallagher during the
fortnight preceding the explosion.
Reports on the Jurors
Secretary Francis, who followed him
on the stand, admitted having received
from John Helms, formerly connected
with the United Railroads detective
bureau, a filing cabinet and quantity
of documents which Helms alleged
were reports on jurors and other mat
ter distracted from the office of Burns
He testified that he had received
money from Abbott to pay Helms and
other men engaged in similar work.
Luther Browns appearance as a wit
ness for the prosecution aroused the
interest of the crowded court room to
pitch of expectancy. In reply to Mr..
Heney's earlier questions he stated that
he came to this city from Los Angeles
| in May, 1907, and that he was EMPLOYED
by Mr.. Calhoun in a legal capacity.
although he had never appeared for
him as an attorney of record. Primar-
lily, the witness declared he had come
to San Francisco to promote an cleo
trio power project in which his father
in-law a Mr. Clark, was interested
For this reason, Brown said, he occu-
pied an office with the sign Of the
power company on the door.
The witness declared that he had
never arranged for Alexander Latham.
once a chauffeur for Abraham Ruef.
to enter the employ of Mr.. Clark and
that he never knew of such EMPLOY
ment, which was regarded as an i'm
portant issue because Of the fact that
Latham is now awaiting trial on a
charge of perjury alleged to have been
committed in the Ruef trial.
Shadowing of Burns
Brown admitted acquaintance or re-
lations with several men designated by
Mr.. Heney as agents of the United
Railroads. One of them was j. C.
Brown, who, Mr.. Heney charged, had
spent much of his time shadowing
| Burns.
IF he did that he did it contrary to
my instructions. l don't think he ever
shadowed Burns or anyone else" said
the witness.
| Brown said that he had employed H.
! Dorland and assistant to interview
members of the Gallagher board of SUI
| perVisors. He declared that Dorland
was ordered to ascertain their views on
variety of subjects. In the FIRST
place, he said, he desired to ascertain
if he could secure a franchise for the
sale of electric power Secondly, he de-
| efraJ IN lrnOu If tho e1lnarxrfgOre had