Los Angeles herald., 1909-02-20
FRANCIS HENEY
SAYS ACH KNEW
OF HAAS PLOT
LAWL0R THREATENS TO I'M
PRISON ATTORNEYS
EARL ROGERS, MOORE AND GRAFT
PROSECUTOR CLASH
Trial OF Pat Calhoun on Indictment
Charging Bribery Reaches Climax
Of SensatIonalIsm In San
Francisco
LBy Associated Press.l

/ L Y AN FRANC1SCO, Feb, 19.-ReVtV-
~ ing the attempted assassination
~ of Francis Heney last November,
Mr., Heney charged today that Henry
Ach, attorney for Abraham Ruef, knew
Of the intention of Morris Haas to shoot
the prosecutor
The accusation was flung at the at
| torneys for the defense during the
course Of one of the most heated ex-
! changes that has occurred during the
! trial Of Patrick Calhoun, and before
| the session assumed it's usual calm
complexion Judge William P, LawIor
! had threatened two of the belligerent
attorneys with imprisonment in the
county jail.
There were references to armed gun
| men, to the use of dynamite and to the
prospects of imprisonment before the
/ court succeeded in inducting both sides
to lay aside the immediate basis of dis
agreement and cease their objection
| able references.
! Adolphus S. Hubbard, an elderly
| talesman, whose time is occupied by
/ his fraternal association duties, was
under examination when the stormiest
! outbreak Of the trial occurred.
! Earl Rogers of the defense asked!
/ do you know that your son has
| been the associate of men in the en-
ploy Of Special Agent w. ]. Burns p"
V
/ it, said the talesman.
Then Heney Objects
! Il know it's a hard thing to believe"
| commented Rogers.
I'VE don't like that form Of examina-
ton, and we must object" interposed
Heney.
A. A. Moore took immediate objection
! to Mr. Heney's tone, saying:
"A few days ago Mr.. Heney, in the
course of an examination of Sam Leake.
turned to the attorneys at this table
and said he had established a line over
which no man dared to pass in future
Are we to understand that his retain
ers, with sword and pistol, will en-
deaVor to maintain that line?
Mr.. Heney, in my estimation, has
been in the habit of bulldozing jurors
and has persisted in accusing us of en-
gaging in that practice. He is in such
position that it might be said of him
thou sayest such an undisputed thing
in such solemn way
Mr.. Heney at this point rose to re-
monstrate. Addressing the court, he
said
IF the defense will produce any wit
! nesses who will take the stand and tes-
tify. to matters derogatory to my char
| acter l will promise not to interrupt
nor will I make any objection during
an argument where my name is men
toned. But Mr.. Heney is not on
trial here and he doesn't propose to be
tried during the trial of Mr.. Patrick
Calhoun.
Forbids Further Insults
Il have taken more insults during
the past six months than I will ever
take again. For all that time 1 stood
| for the abuse of Henry Ach and l am
! n1 hat AoI,
knowledge beforehand that Morris Haas
| intended to kill me.
| Hereafter l do not intend that any
/ scurrilous reflections shall be cast upon
me. My character is not an issue here
! nor do l conceive that Mr.. Burns or
Mr.. Langdon have been put on trial.
Now, 1 think this is an occasion
where we may understand one another
and for my part, I'll promise not to in
dulge in any side remarks
| A. A. Moore of the defense made the
reply to Mr. Heney's address, saying:
Mr.. Heney makes the mistake Of
CT eating men of straw, and blowing
| them over. He says in a bellicose way,
he won't permit this and he won't per.
nit that, but 1 doubt if we are OBJ
! liged to regard his prohibition.
IF we should attempt to show that
| Mr.. Heney entered into the important
relations involvel in theN grant of i'm
munity we might be accused Of at
tempting to villify, and if he is going
to be the judge of villif1cation, is he to
be allowed to turn loose his gun fight
ers on us?'
Judge Tries to Intervene
Judge Lawlor attempted to intervene
at this point, but Mr.. Heney raised his
voice to say:
mo one has been dynamited or shot
! NJ do Of Io %I,i-
and you may be sure we don't hire
people for that purpose
II the court thinks we have knowl-
edge" began A. A. Moore,~but Judge
LawlOr interrupted. He directed Mr.
Moore to resume his seat and when the
attorney asked, Which seat?'' the
court, with unusual acerbity, said:
If you attempt to act f1ippant to-
ward this court you will occupy a seat
! in the county Jail"
Judge Lawlor informed the attorneys
! that he had given them more than the
usual measure Of liberty during the
trial, and that while he did not wish to
appear in the capacity Of a pedagogue
directing school boys, he would not toll
crate any further breaches of decorum
Almost before the court finished,
Mr.. Moore charged that Mr.. Heney was
attempting to exploit before the jury
the matter of his shooting.
Mr.. Heney sprang to his feet and
had begun a bitter reply, when Judge
Lawlor directed him to resume his seat.
Explosion Quite Natural
There are times when Mr.. Heney
does retort in somewhat bitter terms
said the court, "but L am Of the opinion
tl-at the last remark of Mr. Moore is
calculated to produce an explosion and
I do not feel that Mr. Rogers should
have made the remark he did"
Mr.. Heney was again attempting to
explain his position, when L. y. Bying-
ton interposed as follows:
"A brave man doesn't talk so much"
And you are by no means a brave
man." retorted Mr.. Heney. IF you
were, you would not talk SO much.''
Upon this occasion Judge Lawlor ad-
monished Mr.. Heney, advising him to
remain silent under penalty Of punish
mont for contempt
Il won't take any more of this said
Mr.. Hsney. IF the court doesn't stop
Continued on Page TweIve)