The San Francisco call., 1909-04-06

and the United Railroads for property
stolen from the Office of the district
attorney and Special Agent William
J. Burns.
The hearing was before Judge Mu-
rasky in the superior court on an or
der to show cause why Assistant Dis
trict Attorney James NJ Hanley De-
tective Sergeants George F. Mulcahy
and Arthur T McQuade and Raymond
c. SCHNEIDER and Walter H. Russell.
assistants under Special Agent Will
liam j. Burns, should not be punished
for contempt of court for failing TO
obey the restraining order issued by
Judge Murasky The case Will be
concluded this morning with the argu-
ment OF Attorney William II. Metson,
who nominally appears in the case as
a friend of the court" but who is
retained by the United Railroads.
In defending the restraining order
yesterday afternoon Metson put on
series of witnesses to testify regard
ing the order
CONFLICT ON IMPORTANT POINT
In the matter of the testimony there
was a conflict on a pertinent point.
Inc lnlleQ I(dlllOdQ6 contingent VI
witnesses headed by Stanley Moore,
testified that Moore read the restrain
ing order aloud to the detectives and
special agents. To the contrary Han
lev. Detective Sergeants George (.
Mulcahy and Arthur T. McQuade and
Raymond c. SCHNEIDER and Walter II.
Russell of Burns staff testified that
they did not hear Moore read the
paper although they heard him an
nounce that he had secured restrain
ing order.
Judge Murasky minimized the i'm
portance of the point by saying that
under the law it was only necessary
that notification be given that re-
straining order had been issued, ana
upon that notification it was the duty
of the person addressed either to obey
the order or investigate further.
The proceedings opened yesterday
morning with the reading by Assistant
District Attorney Robert Harrison or
an affidavit by Mulcahy in regard to
the service on him of the order at the
Offices of the United Railroads in the
Balboa building, Sunday, March ~
Harrison then read An affidavit by
County Clerk. Harry l. MulcreVy, IN
which it was stated that the papers
in the case of the restraining order
were filed with him at his home, 4O4
Haight street, Sunday afternoon and
were not entered on the records Of his
Office until the following morning. Affi-
davits by Hanley, Russell and SCHNEIDER
were also read. Hanley then took up
his carefully prepared argument.
HANLEY TAKES BLAME
In conclusion Hanley stated that IL
the officers did disobey an order Of
the court he asked that he alone be
punished, as he had advised them to
proceed with the search of the safe
and letter files after the alleged re-
straining order had been presented
The main points of his contention were
that Judge Muraskey acted without
Jurisdiction in issuing the restraining
order. as there was no action pending
in the courts when the order was is
sued; that court of equity can not
act TO stop a proceedings instituted by
q court of criminal jurisdiction, and so
could not interfere with a search war
rant; that there was no service of the
summons and that no show Of service
had been made and that the papers in
the case had not been properly filed.
In the afternoon Metson put on the
stand County Clerk Mulcrevy, who tes-
titled that he frequently accepted pa
pers for filing at his residence. Will
liam +. Stetler, private secretary TO
Patrick Calhoun, testified regarding
the incidents when Moore brought in
the restraining order. c. y. Black, gen
eral manager Of the United Railroads,
testified in substance to the same re-
puted facts. Edward A. Foley United
Railroads attorney, and Stanley Moore
also testified. Under cross examina-
ton Moore admitted that in some par
ticulars the copy of the complaint in
the action which was shown Mulcaby
was not an exact copy of the original
document on which the order was is
sued.
Moore testified that to the best of his
knowledge he read the order aloud TO
the detectives Immediately upon serv
ice; but he could not be sure as to the
particular time at which he read the
paper. There was great deal of con-
Iuslon In the room at the time, it
was conceded.