The San Francisco call., 1909-04-28
BITTER CLASHES
MARK SESSIONS
OF GRAFT TRIAL
Calhoun Attorneys Tactics AL
most Precipitate Hosflll-
ties in Court
Judge Sharply Rebukes Trolley
Magnsfes' Lawyers tOr
Methods Employed
By ". Russell Cole

~a<t trial where sucn Neroa4 en-
srs sra anything but uncommon
-. E Byfngtcu Of Calhoun's counsel
4o,5 BY Francis J. Heney that he
marking cur; Byington retail
Al bv calling Heney a trailing dog
eore-s and Heney twice came to the
.-xe of open hostiities, and the day
,5es with the interchange of .whis-
"a threat and promise between He
and Rogers TO meet and have it
,, man TO man, after the trial. was
nished-
The Wholesale indulgence in vitupera-
o,--as the outgrowth Of bitter day
,nx 6snr over the admission of testi-
acny and the manner in which the
rosecution conducted the redirect ex-
nination OF James L Gallagher and
ae direct examination of former Su-
-eryisor Daniel q. Coleman; who late
"A the afternoon succeeded Gallagher
the witness stand 1t was strictly
prosecution day, SO far as the trend
damaging testimony was concerned,
nd repeated failures to keep incrimi-
atIng evidence out of the record
sused Calhoun's attorneys to inaugu-
ate concerted effort TO arouse Heney
o anger through the medium OF per-
onal taunts.
sYINGTON STARTS TROUBLE
Byington was the first offender. He
Interrupted an argument during the
morning session, despite the fact that
le had been given no active part in
lie discussion Of the issue involved,
ind deliberately accused Heney Of max
ng false statements. Heney had an
swered an objection to the admission
% testimony regarding conversations
3etween Ruef and Gallagher by outhn-
ing the intentions of the prosecution.
He declared that it -wonld be shown
that the public service corporations
were the real supporters OF Ruef and
the corrupt board OF supervisors, be-
cause it was known that valuable. priv
ileges could be gained through them,
and that il any holdup was committed
il was directed against the San Fran
cisco public and not against any OF the
bribe gfvers.
That is misconduct" interrupted
Byington. rising from his chair and
king into the argument This
man is making statements which are
false, and ke knows they are false
when he makes them. 1t is just the
same thing he does every time he gets
-op- his feet. He has no intention oi
proving what he says, and makes these
remarks just to create an impression
on the jury"
Heney turned and looked squarely
at Byington, who. subsided suddenly
and resumed his seat. There was q
ooiet interval before Heney answered
hut when he did he spoke slowly and
distinctly and directly TO Byfngton-
T never pay any attention to q
barking cur" he said
I may be a cur shouted Byington
turning crimson with anger, "but I'm
not trailing dog like you are"
HEKEY Is AROUSED
Judge LlAvlor cried peremptorily fol
order. but both Heney and ByingtoI
were still on their feet. and the former
once more tried 10 retort to his op
ponent-
s-stop itr cried Judge Lawler loudly
The remark made by Mr.. ByingtoI
was wholly improper and unwarranted
and such things viii not be tolerated.
4 will not stop il without defending
myself when I am assaulted, even 1
20. to jafl for it,. answered Heney
hotIy. Il stood here and took this
sort Of thing for three months iron
Henry Ach. and 80 nelp me God, az
seain Your honor has the power Il
stop this sort of thing and protect m'
bv furnishing them for contempt oi
court when they indulge in these dirty
rems rks. I'm not going to stand here
md do the baby act I simply will no
s.snd silent when I. am attacked Youl
sc-or heard this and you have thu
-.awer 70 act. And I mean no disre-
ysct 10 your honor. for I hold as mucf
lzesDect for you as for any judge
eArx knew, but have made up my mind
that there is only one thing to do
When I am assa ulted in this court
room I shall protect myself If / have
TO go to Jail for doing so. l have
stated that before. and L mean to live
UP to it,
-JodRe L.awlor ordered Heney again tc
take his seat, and when the latter had
complied the court. turned TO Byingtor
and rep-imanded him roundly for his
action in precipitating the trouble. By
inston took the lecture meekly and
without answering II, and Judge Law
lor then Instructed the Jury to give nc
consideration 20 what had occurred
This restored quiet for the time being
but it was not long until hostiIities
broke out afresh.
ROGERS MAKES INsINUATIoNs
Heney asked the witness to identify a
newspaper article published in 1906
concerning the trapping of Supervisor
Lonergan. and when Gallagher had done
so offered the paper in evidence and
asked permis sion to read it to the Jury
There was an objection to this. and the
court ruled against the admission of the
matter into: the record. Heney. who
had been standing close to the witness
stand, walked back to his desk. and a.
he did so threw the paper ca<elessly or
the clerks desk, within the bar and
about eight feet from the nearest cor.
ner Of the jury box. It lay unnoticed
Tor few minutes. when Earl Rogers
arose abruptly and Interrupted one OF
Heney's questions TO cali attention TO it
There are tricks in all trades he
began. nodding toward the paper. ~
want tc call the courts attention 10 ths
fact that Mr.. Heney mas placed thai
paper on,the table face upward. wher,
the jury ran read it. However, I an
sure that none of the jurors will do So
The last sentence was spoken as al
afterthofzht, following pause.
MI rogers, yon have no right Il
make sueh an imputation," began Judg'
I-awlor qGclSIv
It's put here, in my judgment, fol
ensr purpose responded Rogers. But
as ! said. don't tndilk any of the juror,
will read it,
That's statepSe,,t ;,,;,,.o1lxr x,nsrsfi.