The San Francisco call., 1909-02-20
F. ]. Heney Recounts
Prosecution Difficulties
BY FRANCIS J. HENEY

record will clearly show that | was
a patient, long suffering victim of
abuse, which was almost intolerable
and wholly unwarranted.
During the Ruef trial in the troll
ley case the same methods were
again pursued by Ach. Acting under
a strong sense of responsibility by
reason of my official position and
close connection with all of the graft
prosecutions, submitted to the most
foul accusations, until patience had
long ceased to be a virtue. Occas-
ionally I vigorously refuted TIE at
tacks made upon me, because I
realized that to submit tamely to
them day after day would lead some
jurors to conclude that they must
be true or I would refute them.
The prosecuting officer represents all
the people of the state in the prose-
cution of a man for crime, and he
owes a duty to his client to prevent
the case from being lost by such
prejudice being aroused. The court
has power to prevent it, but the
prosecuting officer and the court do
not always take the same view of
the preiudicial effect to the interests
of the people of the state of such
action on the part of unscrupuIous
attorneys for unscrupulous de-
PENDANTS.
The prosecuting officer occupies a
most difficult position If he resents
the attacks made upon him many
good people through the misrepre-
sentation of the hired press are LED
to think that he is undignified and
perhaps a rowdy. If he submits to
the constant abuse without resent
ing it the case is lost because some
jurors thereby gain the impression
that the constantly repeated false
charges against his motives are true
1t is an old saying that "a constant
drop of water will wear away a
stone"
1t is easy to convict a poor man.
It took only two days to secure a
jury to convict Mike" Coffey of
agreeing to accept a bribe to infu-
ence his vote as supervisor in the
trolley matter. It is always diff
cult to convict an influential politi-
clan or rich man.
Whenever a politician is prose-
cuted the cry is Immediately started
by him and his friends that he is
being prosecuted" from political
motives. Whenever a rich man is
prosecuted the cry is Immediately
raised that some person is actuated
by the Interior motive of securing
some pecuniary advantage over him.
If he controls the fight trust it is
vociferously claimed that some one
else wants to conduct prize fights
If he controls the telephone system
it is claimed with equal vigor that
some one else wants to start on op-
position telephone company.
If he controls the gas and electric
light supply it is asserted just as
loudly that some one else wants to
furnish those commodities. If he
controls the street railroad system
it is violently asserted that some
one else wants to secure the owner
ship of that business. In other
words, the defense which is always
made is that the prosecution is in
spired by selfish motives on the part
of some enemy. No defense on the
merits OF the case is ever offered.
Daily newspapers and weekly pc
riodicals are employed to attack
the motives and regulations of the
prosecuting officers. Attorneys are
employed to villify and abuse the
prosecuting officers at every stage
of the proceedings in court for the
purpose of prejudicing jurors and
the general public. These methods
are calculated and intended to bring
our courts of justice into disrespect.
if not contempt.