The San Francisco call., 1909-04-21

Heney. "Tn leave them behind any
time you want TO see me alone
Judge Lawlor brought the rising
hostilities to an abrupt end by order
( ing the immediate continuation of the
examination of the witness. few
minutes later. however. Heney OBJ
jected again to a remark made by
Rogers concerning "a witness who can
not be believed because he changes his
testimony" and Judge Lawlor repri-
manded Rogers and instructed the jury
to pay no attention TO his characterize
tiOn Of Nicholas.
CONSTANT OBJECTIONS
Rogers finally concluded his cross
examination of the witness and passed
him on to Heney for a second redirect.
Heney took up several subjects touched
upon by Rogers, but progress was slow
on account Of the constant objections
interposed by the various members of
the defendants counsel TO the ques-
tions asked. First one and then an=
other. including Barrett, the newcomer,
took hand in the interruptions. A. A.
Moore was most persistent, however.
and Heney turned upon him at last.
You are getting garrulous, Mr..
Moore" he said. Why don't you stop
talking and let me ask a question be-
fore you object?"
L object to counsels manner" re-
sponded Stanley Moore.
I'm to the manner born" retorted
Heney.
There was another brief period OF
comparative calm and then more OBJ
jections INDUCED in by various mem
bers of Calhoun's counsel
rs this concerted effort to prevent
me from examining this witness?" pro-
tested Heney. thoroughly eXasperated.
If you gentlemen will just attend to
your side of the case I'll attend to
mine"
Judge Lawlor remarked that the ex-
animation must be concluded without
any more loss of time, calling attention
to the fact that Nicholas had been upon
the stand since Friday morning. There
examination was terminated in short
time
PROSECUTION WINS POINT
James L. Gallagher was led by Heney
directly TO the main subject at issue,
but his first question relating to a con-
versation between Ruef and Gallagher
concerning the trolley bribery prior TO
the time the trolley ordinance was
passed brought out additional objec-
tions. Every effort was made by the
defense 10 keep the testimony out Of
admissible until after the alleged con-
spiracy had been proved. There was e
long argument with resultant ruling
in favor of the prosecution.
Gallagher told of various conversa-
tions with Ruef in which the latter told
him to find out how the board stood
concerning the proposed trolley ordi-
nance and how much it would take to
put the ordinance through. Gallagher
f7-E he -
Ruef that the ordinance would be
acted upon favorably. Ruef then said
there would be 1000 in il for each of
the supervisors and arrangements were
later made for Gallagher himself to re-
ceive $4,000 and for Wilson to receive
$4,000. Gallagher then reported to
various members Of the board. includ-
ing Nicholas. that theye would be
$4,000 IN it for them for their votes
favoring the ordinance.
GOT MONEY FROM RUFF
Gallagher also described how he re-
ceived the money from Ruef, placing it
in a safe deposit box and later appor-
tioning il according to the original
agreement. Another point was made
by the prosecution in bringing out the
testimony that Tirey L. Ford general
counsel of the United Railroads, ap-
peared before the board of supervisors
and several committees at various
times to argue concerning the cent
fare proposition and other matters af-
fecting the company's interests. 1t is
the contention OF the prosecution that
all claims OF a -holdup" will be dissi-
pated by the showing that in the trolley
matter the ordinary means of inffu-
encing the supervisors were never re-
sorted to-
Gallagher's direct examination will
be resumed this morning. 1t is under
stood that when the prosecution has
finished with the witness the cross ex-
animation viii be conducted by A. A.