Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-02-16
HENEY is DARED
BY WITNESS IN
CALHOUN TRIAL
JURY TAMPERING CHARGED;
DAY DRAMATIC ONE
ATTORNEY REsENTs DEMEANoR
OF NEWSPAPER MAN
Insinuates He Will Shoot Any One
Who Attempts t. Willy Him.
Affiant Threatens to
Expose Past
Especial to The Herald

Especial to The Herald
q AN FRANCISCO, Feb. 15-The trial
of Patrick Calhoun on an indict-
~ ment for alleged bribery, which
now is in its fifth week, never has
produced a session of such dramatic
interest as that of today, when the
panel of twelve jurors, completed after
days of Wearisome effort, was broken
up by the discharge of one juror, and
when Assistant District Attorney
Heney, resenting the demeanor of a
witness on the stand, declared he had
fixed a line over which no diving man
could in future step.
Two alleged cases of jury tampering
were made public during the afternoon,
and while there was no SubStantiation
in either case before adjournment, 1t
is likely proceedings tomorrow will be
devoted to examination Of witnesses
summoned in connection with these
and other affairs of the same char
acter.
Sam Leake, a former newspaperman
and politician, who was summoned to
the stand because of an allegation that
he had endeavored to purchase an in
terest in the haberdashery business
conducted by a brother of one of the
jurors, precipitated the most sensation
al incident of the day.
Threatens to Expose Past
Mr. Leake had warned Mr.. Heney
that he could make certain revelations
concerning the prosecutors past.
Leake, who had been questioned as to
the visits to a saloon, said:
Il think 1t very improper for you to
refer to those things, Mr.. Heney.
could tell of places I saw you
i want you to stop that right now"
interrupted Mr.. Heney. Il don't pro-
pose that you shall make any more
threats YOI1 are hero n anSIVeT c1IoS-
tions.''
There is one conversation you don't
dare refer to-" retored the witness
There was once when you went up the
back way into the Call Office and tried
to go back on Phelan and Spreckels-'
That's all there will be of that"
said Mr.. Heney at this juncture. At
took this sort of thing from Henry Ach
for months until it led to an attempt
at assassination, and after this ] want
it understood | won't take it from any
man living. If 1 am going to be shot
again I'll be shot in front, not from
behind, nor from the side
6yineton Objects
Lewis F. Byington~ of the defense
arose at this point, saying:
I'VE wish to except to the remarks Of
the district attorney, and we request
that the court hsstruct the jury to take
no notice of these passages. We be-
lieVe the district attorney should recog-
nize the limits of his duty in examina-
ton of a witness"
1t was at this point that Mr.. Heney,
rising to his feet with some difficulty,
pitched his voice so that it penetrated
beyond the confines of the courtroom,
and said:
This district attorney is doing his
duty as such, but before 1 am a district
attorney am an American citizen, and
hot I I-A
here and now l draw the line over
which no living man may step.
For months l took all the Vilifica-
ton that could be heaped on me merely
because 1 dared to do my duty, which
someone had to do. But l am through
with it now, and L want this thoroughly
understood"
Juror Is Challenged
1t was shortly after this that the
days session ended, as the prosecution
was attempting to present additional
testimony regarding Juror Walter
Rock, and after a challenge for cause
had been interposed as a basis for the
supplementary proceedings.
Prior to this Judge LaWlor had al
lowed challenge by the defense df-
rected against Frederick G. Wulzen,
the eleventh juror accepted, but only
after two witnesses had been examined
at considerable length.
1t was shown that previous express
sions of opinion by Wulzen had been
reported to the attorneys for the United
railroads by w. r. Bacon, an employee
of a furniture factory, and Alb Hunter,
who had been promised employment by
the United Railroads.
Both Bacon and Hunter were inter
rogated at considerable length and they
agreed in the main that Juror Wulzen
had given expression to sentiments fav-
oring the conviction of Mr.. Calhoun
Judge LaWlor, after rebuking the de-
Tense for its failure to discover the
talesmans state of mind, allowed the
challenge, and the first vacancy in the
jury box was made.
Wants Leake Excluded
When Judge Lawlor directed that the
vacancy be filed, Mr.. Heney furnished
the second surprise of the day by call
ing Joseph Rock, proprietor of a fur
nishing goods store, and brother of
Walter J. Rock, one of the jurors ac-
copied.
Mr.. Heney began by challenging Mr..
Rock and asking that Sam Leake be
excluded from the courtroom.
The witness, after a lengthy and Sc
we're examination, stated he knew Mr..
Leake, but denied any knowledge of
his connection with the United Rail-
roads, except the fact that he owned
stock in the corporation.
He admitted Leake had negotiated
for an interest in his place of business
and recalled that he had spent con-
siderable time in his company.
Among other things he stated he had
several times visited Mr.. Leake at the
Fairmont hotel and that he had loaned
him money as an accommodation
Mr.: Rock positively denied he had