The Medford mail., November 20, 1908, Image 7

FRANCIS J. MISLAID
LOW BY ASSASSIN'S BULLET
Murderer's Aim Was, Fortunately, Bad, and Victim Has
Fair Chance to Recover Assassin Kills Himself
in Jail Following Day Tragedy Stirs City
BAN FRANCISCO, Cal . Not. 18.
The Sao Francisco bribery and graft
caiet bad a dramatic climax today
when Assistant District tlorney
Francis J. Henejr was allot and seri
ously wounded In a crowded court
room by Morrla Haas, an ei-convlct.
The ahootlng occurred during a
brief recess In tbe third trial o( Ab
raham Ruet on a charge of bribery
which la now In Hi eleventh week.
Mr. Heney It now In the I.ane hospi
tal and the pbyslclana nay the wound
la not fatal. Haaa la In the city
prlaon.
The would-be assassin li a .tew an'!
a saloonkeeper who was drawn upon
Jury panel in the second trlul of
Ruef and after having been tempo
rarily passed by both aides. He was
excused In a dramatic manner by
Heney as an ex-convict and dis
charged from tbe jury. Haaa de
clared after the ahootlng that Heney
bad ruined his life and that be bad
determined to kill blm for that rea
son. Heney had finished the examln-.-tlon
at noon of James L. Galagher,
the prosecution's most Important wit
ness, and the confessed "go-between"
of Ruet and the former board of su
pervisors. Henry Ach, chief coun
sel for Ruef, had subjected Gallagher
to a severe cross-examination tor two
hours In tbe afternoon, when Judge
Lawler declared a brief recess at
4:50 o'clock.
Was Holding a Conference.
The jury filed out and Heney and
Ach and Dozler, at the request of the
judge, went Into his chamber to con
fer with bim on some proposed In
structions to tbe jury. At the con
clusion of the conference, Ach, Do
zler, Ruef and Judge Lawler went
out of the courtroom to the street In
front of the building, which Is lo
cated on Fulton street near Van Ness
avenue.
Heney, Instead of going out to en
joy a brief airing, atepped for a mo
ment Into the anteroom and then
came back to his counsel table. While
many of the persons who crowded
the courtroom had gone out on the
sidewalk, there was still a large
crowd In the room. Heney was lean
ing over his table conversing with
Al McCabe, the chief clerk In the dis
trict attorney's office.
Directly In front of htm was Gal
lagher, the witness, and a represen
tative of the Associated Press had
just walked to Heney's table and was
atandlng at his elbow waiting for an
opportunity to speak to him, when a
small man, neatly attired and having
a decided Jewish cast of counte
nance, approached Heney from be
hind In quick steps, but with delib
eration. 8bot Without Any Warning.
Suddenly his right hand ahot out
and before the newspaper man, M. C.
Cabe or John Foley, Heney's special
body guard, sitting about eight feet
away, could make a move there was
a flash and a loud report rang
through the room. For a moment
everybody seemed stunned and par
alysed. The would-be assassin,
whose revolver was within a foot and
a half of Heney's head when he pull
ed the trigger, stepped back, his
arms by bis side, one hand still
clutching the smoking pistol, as It
hesitating what to do.
For the fraction of a second an Im
pressive silence followed the report,
while the smoke of the shot lazily
floated away. Then followed a dra
matic scene. Someone shouted: "My
God, he has shot Heney!"
Exclamations of horror burst from
the crowd. Halt of the spectators,
evidently tearing further ahootlng,
made a frantic rush tor the doors.
Before the assassin could raise his
pistol again Foley and 8. J. Wis
kotchill, a special poliaeman, were
upon him and had thrown him to the
floor and wrested tbe weapon from
bis grasp. He atruggled, but was
dragged to the jury box and thrown
upon bis back and held there, just as
the jury, attracted by the shot, came
bursting through Its private en
trance. As the man who fired the shot
atepped back from the assistant dis
trict attorney with the smoking wea
pon In his hand he kept his eyes on
Heney as It to see how effective the
shot had been. Heney arose from
the chair, put his band to his head,
the blood streaming through his fin
gers, leaned over for a moment and
was caught as he began to fall. He
was laid on the floor by two detec
tives holding bis bead out of a pool
of blood which flowed from the
wound, which appeared to be just
below the right temple. He was con
scious and when the Associated Preis
representative dropped down at bis
aide and spoke to him, bis first
words were: "Send for my wife."
Statement Made by Heney.
Dr. H. A. Hlncks, who was In the
courtroom at the time, rushed to
Heney's side and made a hasty ex
amination and pronounced him fatal
ly wounded. Heney was perfectly
composed, the peculiar smile for
which he Is known was still hovering
over his lips. Evidently he also be
lieved he was fatally wounded. Turn
ing bis eyes to John O'Gara, bis as
sistant, be said:
"I want to make a dying state
ment. I believe I am going to die.
I was sitting at the table when I
felt what I thought was a blow. I
do not know who shot me. I was
doing nothing to any one."
Ruet and bis attorneys, who wer
out on the sidewalk, were startled by
the report and started for the court
room, but were forced to keep back
down the steps by the crowd rush
ing frantically out.
"What haa happened?" shouted
Ruef to the Associated Press repre
sentative, as the latter ran to the
nearest telephone.
"Heney has been shot," was the
reply.
"My God, who did that?" he asked.
Ruef's automobile stood In front of
.lie building, and he immediately or
dered bis chauffeur to get the near
est physician. Tbe car returned a
few moments later with Dr. A. S
Tuchler. Medical assistance was
somewhat slow in arriving and Dr.
Tuchler was the first physician on
the scene. Heney In the meantime
was lying on his side In the court
room with a piece of rug under his
head. It was some time before tbe
ambulance arrived, which conveyed
Heney to the Emergency hospital,
only four blocks away, whence he
was removed about 7 o'clock to the
Lane hospital.
Great Excitement Prevailed.
The report of the attempted assas
sination spread throughout the coun
try like wild fire and caused intense
excitement and indignation. An im
mense crowd gathered around Car
penter's hall, to which Judge Lawlor
had removed his court this week be
cause of the lack of room In the tem
porary criminal court building. Sev
eral hundred persons followed the
ambulance to the Emergency hospi
tal and down town thousands gath
ered around the bulletin boards.
Within a few minutes after the
shooting. Chief ot Police Blggy, De
tective Burns, Rudolph Spreckles,
the capitalist who financed the graft
prosecution; Captains of Police Glea-
son, Duke and Wright and a large
force of police were on the scene.
There was no hostile demonstra
tion by the big crowd In front ot the
building, but some threatening mur
murs began to be heard. Ruef was
surrounded by a large number of
people and quietly slipped away, go
ing with Dr. Tuchler to the latter's
office for a little while.
Thla led to the report that the
former political boss had disap
peared, and Detective Burns cen
sured some of his men for allowing
him to get away, and Chief of Police
Blggy immediately sent men to hunt
blm. Ruef, however, appeared In
front ot the building a little later and
sent in word that the officers at the
door would not let him In. He was
at once taken into the courtroom.
In the meantime several acta of
the tragedy were being played in
different parts of tbe courtroom.
While Heney was on the floor, news
paper men approached the would-be
assassin, who up to that time had
not been Identified, and asked him
for his name. At first be refused
to give It. Then he said: "I am Mor
ris Haas. Heney ruined me. i
don't care what becomes ot me now."
In another corner of the building
Ach and Dozler, Ruef's counsel, were
In the chambers of Judge Lawlor.
"My God!" exclaimed Ach, "I wish
I had never taken a criminal case In
my life. I will never take another
when I get out of this one. This is
a dastardly outrage. I cannot ex
press myself in strong enough terms.
Mr. Heney did not denounce this man
Haas, if he Is the one who did the
shooting. In pursuance of his duty
he disclosed the fact during the oth
er trial of Ruef that Haas was an ex
convlct and as such dismissed him
from the jury box. I sincerely bope
Heney will recover."
Dozler also regretted that he en
gaged In the criminal case after hav
ing several times made a resolution
that he would not again take one.
'It Is getting to be a pretty state
of civilization when a man engaged
in the performance of his duty Is shot
down In an open courtroom," be said.
It was a dastardly act, an outrage
ous deed."
Ruef denounced the attempted as
sassination most vehemently.
'I cannot," he said, "find language
strong enough to denounce the at
tempt to kill Heney."
Haaa Makes Statement.
Even before Heney had been re
moved from the courtroom Captain
Duke took Haaa In custody and after
Informing blm that whatever he
might say would be used against blm,
began to Interrogate blm, the state
ment of the ex-convlct being taken
down In shorthand.
Haas was convicted of embezzle
ment In San Bernardino county and
In May 25, 1888, was sentenced to
three years In San Quentln. He
served two years and eight months.
having earned four months by good
behavior and was released January
25, 1890. Some years later he was
married and has a wife and four chil
dren. He lived with bis family at
1848 McAllister street, and was en
gaged In tbe aaloon business at the
time he was drawn on the jury panel
for the second trial ot Ruef last
May.
After being passed by both sides,
Heney learned that be was an ex-con
vlct. He dramatically confronted
Haas with his picture In convict
stripes, closely cropped hair and a
number across his breast. Haaa was
forced to admit bis penitentiary rec
ord and was Immediately discharged
from the jury. From bis statement
It appears be baa been brooding over
his exposure ever since that day and
haa nursed a deep hatred of Heney,
which culminated In today's tragedy.
Judge Lawlor reconvened court at
5:15. He bad already aent the Jury
to the St. Francis hotel In charge of
deputy sheriffs
Ruef Placed Under Armt,
As soon as semblance of order was
restored the court ordered Ruef, who
bad been at liberty on bonds aggre
gating $1,500,000, Into the custody
of the sheriff, and he was soon after
ward taken to the county jail. His
counsel, Ach and Dozler, offered
formal objections to the action of the
court. Dozler then demanded that
Gallagher, the witness, be also order
ed Into custody of the sheriff until
his cross-examination had been fin
ished. This waa refused.
Tbe action of Judge Lawlor In or
dering Ruef in custody is not so
much the fear that be will endeavor
to flee as for his own safety from
possible mob violence. Evidently
fearing that some demonstration
would be made against the would-be
assassin, the police removed blm to
night from the city prison and It
could not be learned where he bad
been taken.
"I'll live to prosecute that man,"
declared Heney on tbe operating ta
ble at the Central Emergency hospi
tal while the surgeons were probing
his wound. Th ewounded man was
entirely conscious and grlttlly en
dured the ordeal.
Wife With Him at Hospital.
Mrs. Heney arrived at the hospital
a few minutes after her husband had
been taken there, and later accom
panied him to the Lane hospital,
where she Is at his bedside tonight.
Vtter an Informal consultation Drs.
Terry, Mofritt and Bunnel announced
at 9 o'clock tonight that the patient
was resting easy and that at 11
o'clock the doctors would determine
whether to use the X-ray or probe
for the bullet. The bullet entered
the right cheek and passed through
tbe head underneath the brain cav
ity, finding a lodgment In the region
ot the left ear.
The Associated Press was the first
to receive and send out the news of
the attempted assassination, being
even the first to give it to the local
papers. So great was the Interest In
the case that the Associated Press of
fice was soon deluged with Inquiries
not only from all parts of the city,
but by telephone and telegraph from
all sections of the state.
SAN FRANCISCO, Cal., Nov. 14.
Morris Haas, who yesterday attempt
ed the assassination of Heney, to
night committed suicide by shooting
himself through the middle of his
forehead with a pistol he had con
cealed in his shoe,
Haaa went to bed at 8 o'clock in
the county jail and covered his face
with a blanket At 8:40 a abot was
heard and when the guards entered
It waa found be had rolled out of
bed and was lying dead on tbe floor
with a bullet hole in his forehead.
A 41-callber single-shot derringer
was grasped In his hand.
When the left trouser leg was
pulled up It showed a mark where
the weapon had rested while It was
concealed In the left shoe. Haas wore
gaiters with elastic sides, which made
this possible.
After be shot Heney yesterday
Haas was searched by Captain Duke,
Detective Burns and a police officer.
After he was taken to the county jail
he waa serached twice, but at neither
time were his shoes examined.
Haas went to bed last night with
his shoes on and again tonight, and
when asked why he did this, said he
would rather sleep with them on. His
wife called on him today, but two
officers were present during the In
terview, and they say she could not
possibly have slipped tbe weapon to
him.
Will Make Investigation.
District Attorney Langdon, Detec
tive Burns and Rudolph Spreckles,
on arrival at the county Jail after
the suicide of Haas, searched his
clothing and In one trouser's pocket
found a cartridge of the same caliber
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as tbe Derringer which he shot him
self with. The weapln Haas used on
Heney was a 38-callber and tbe cart
ridge found In bis pocket could not
have been used In tnat.
Burns said Haas was thoroughly
searched when taken In the court
room and also when he was received
at the county jail that the cartridge
and tbe Derringer could not have
been on his person. Burns la of the
opinion the pistol waa passed to Haaa
since bis arrest.
There are two atorlea of the Inter
view between Haas and bis wife. One
Is that Haaa talked to ber through
tbe cell door and the other that they
went Into another room. A rigid
Investigation will be made.
SAN FRANCISCO. Cal., Nov. 14.
A monster mass meeting was held
tonight In which between 8000 and
10,000 participated. The meeting
was presided over by the mayor and
speeches were made by a number of
the leading citizens, counseling mod
eration and tbe observance of legal
methods, and asked that full sup
port be given the prosecution In the
conduct of the graft cases. The res
olutions passed were as follows:
"That here and now we declare
our unwavering allegiance to law,
and that If a criminal law be found
to be so framed as to permit the es
cape of civic malefactors we shall
see to It that the law 'is amended;
that If lax administration ot the crim
inal law be due to misinterpretation
by the judges we shall see that men
be placed upon the bench capable of
construing the law.
"Be It further resolved that we call
upon the supervisors to provide ade
quate funds for the district attorney's
office to secure the detection, prose
cution and conviction bt criminals
high or low, and the full protection of
officers in the discharge of their du
ties. '
'Be It further resolved that we de
mand the truth from our public press
and shall see to It that our people
are Informed of the facts, that they
may Judge of those who by lying and
misrepresenting are perverting pub
lic opinions.
'Be It further resolved that we sol
emnly assert our utmost confidence
In the law and of tbe abiding char
acter ot our people; that we here
declare our gratitude for the inesti
mable service rendered us by tbe of
fice of tbe district attorney in the
restoration of a reputable and re
sponsible government, and tbat we
stand firm In our determination to
Indorse and to aid that office to the
end that all persons accused of crime
shall be fairly tried and that their
guilt or Innocence be finally estab
lished In accordance with the provis
ions ot the law.
"To these ends we pledge our
selves that our beloved city may be
purged of boodlers and grafters and
be a better home for ourselves and
our children.
"Be it further resolved, that we
send word to our wounded champion
that his labors for us are appreciated
and thai his sufferings for our sake
are not In vain."
Extra police precautions were tak
en to preserve order at the meeting.
A large number ot police were de
tailed for the purpose. A detail was
also held In reserve. Telegrams were
received today from President Roose
velt to Mrs. Heney and Rudolph
Spreckles and were read at the
meeting and their sentiments were
heartHy Indorsed.
SAN FRANCISCO, Cal., Nov. 14.
The determnatlon to continue with
the trial pending indictment? for al
leged municipal corruption in the
prosecution of which Francis J. He
ney was the dominant character,
several leading attorneys of this citv
have volunteered to take up Kenny's
work as a matter of public duty and
to carry It to a conclusion. The trial
ot Ruet, which was Interrupted by
yesterday's shooting will be res'imcd
Monday. It has been decided that
the Incident In the courtroom did not
prejudice the rights of the defend
ant, the Jury not having been pres
ent. The Intimation today Is the de
fense will ask for a change of venue,
based upon the plea upon the In
flamed condition of the public mind.
But It Is claimed such request would
not be considered by Judge Lawlor.
At tbe conference between Lawlor.
Blggy, the chief of police and Under
Sheriff Charles Haggerty, the prelim
inary steps were taken to secure the
court from further disorder or vio
lence and to safeguard the rights of
Ruef.
The Court to Be Guarded.
The vicinity of the courtroom will
be patrolled and a large force of po
lice will be held In reserve. Suspi
cious characters are not to be al
lowed In the courtroom, where a
large force ot plain clothes men will
be stationed to watch unobtrusively
In order to keep the Jury Ignorant of
the precautions taken and not Jeop
ardize the result of the trial.
Plans provide further that In the
event of any disturbance the defend
ant may be taken from the court
room quickly and quietly. It Is Inti
mated tbat Judge Lawlor will exer
cise his prerogative and continue to
keep Ruef In custody during the trial. :
Precautions have been taken to pro
tect Ruef while he Is confined In the
county Jail.
Morris Haas, who attempted to kill ;
Heney, Is kept In the county Jail un
der guard. No one Is allowed access I
to him except the representatives of
the district attorney's office. It Is I
reported he Is In a highly nervous
condition. Heney and family receiv
ed many messages of sympathy and
cheer today. They came from all
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a
sections of the United States and
some from Europe. One telegram
brought a smile from the pain-drawn
face ot teh prosecutor. It waa from
Roosevelt to Mrs. Heney.
Judge Had a Premonition.
It developed today that Lawlor
had a premonition that some unto
ward Incident might mar tbe trial.
and be contemplated placing Ruet
under special surveillance till next
Monday, or ordering htm Into the
custody of the sheriff, and that the
actual purpose of the conference In
his chambers with Heney, Ach and
Dozler a few minutes before tbe
shooting was to Inform Ruef'a coun
sel of his Intention.
Lawlor suggested that Ruef'a sure
ties select some man satisfactory to
the court to be In constant attend
ance upon Ruef and be responsible
for his appearance; but at the same
time It waa to be understood that
this did not relieve the bondsmen of
any liability. Judge Lawlor asked
tbe attorneys to look up the law on
the question and submit the opin
ions to him Monday. A few minutes
later the tragedy was enacted.
HAAS MAKES STATEMENT.
He Says Life Waa Rained and Don't
Care What Becomes of Htm Now.
"My name Morris Haaa. I ahot
Heney. He ruined my life. Heney
pronounced hla own death sentence
when be denounced me in court. I
have no business at all since tbat
time. It was outrage of Heney to do
that. I am wronged man, not Heney.
People ostracised me; they would not
even look at me any more. Heney
had no right to do that. My convic
tion and serving In penitentiary was
public record. Why didn't he look
at that?
'My Ood, I have a wife and four
children. Do you think I would have
brought the children Into the world
to have them branded In that way
through Heney's exposure. I don't
care what becomes of me now. You
can bang me or do anything else you
want to."
HAAS CRIME KMRKZZLEMENT.
He Was Convicted at San Bernardino
Had Skipped to Philadelphia.
SAN BERNARDINO, Cal., Nov. 13.
The crime for which Haas was con
victed was the embezzlement from
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money to bis own use. He disap
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arrested In Philadelphia and brought
back to California. He did not deny
collecting the money, but be claimed
he waa entitled to use the money tor
expenses. This Scblesslnger denied.
Haas was bound over and In the Su
perior court pleaded guilty.
HENEY WILL RECOVER.
SAN FRANCISCO, Cal., Nov.
14. Calmed by the assurance
that Heney, who waa shot yes- 4
terday In Judge Lawlor's court-
room while In the performance
of his duty, will recover from
4 the wound unless some unfor-
seen condition developed, pub-
lie opinion waa turned today to-
ward the formulation of a con-
Crete expression ot determlna-
tion.
IS ADMIRED BY ROOSEVELT.
Heney Earned Regard by Vigorous
Land-Frand Prosecution.
WASHINGTON, Nov. 14. The
first Information received at the
White House tonight in regard to the
attempted assassination of Francis
J. Heney was through the Associat
ed Press. No statement In this con
nection was given out tonight.
Las spring Mr. Heney came to this
city to confer with the president with
regard to the prosecution of land
fraud cases In the west. The presi
dent has entertained warm personal
regard for Mr. Heney for the vigor
ous manner In which he prosecuted
these cases.
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ASHAMED OF MALE SEX.
Saya Some Men Pasture Childress.
Like Wild Beasts.
SAN FRANCI8CO, Cal., Nov. IS.
I am ashamed of my own aex some
times," declared Judge Ellsworth, tat
Oakland, yesterday In awarding An
nie Cablll an Interlocutory decree off
divorce from Christopher CahlOL
"Many times parents criminally ne
glect their children. I have foandl
men who are willing the wotnaat
from whom they are divorced abate
take the children, and they object to
paying a cent for their care. Many
men show a willingness to turn thelr
offsprlng out like wild beasts to pas
ture." Mrs. Cahlll charged cruelty against
her husband, and he retorted with
cross-complaint. The court ftnally
granted the father the custody of two
minor children upon the understand
ing that the mother should be per
mitted to visit them at will.
SECRETARY METCALFE RESIGNS.
He Had Charge ot Navy
Poor Health the Reason.
WASHINGTON, D. C, Not. IX.
Secretary ot the Navy Victor H. Met
calfe resigned from the cabinet to
day. For more than a year ha suf
fered from s serious Illness. Friends
have expected continually that hs
would be able to regain bis health.,
but the Illness baa been constantly
recurring until he became convince
that the only course to pursue wonkt'
be to sever connection with all active
work. Answering Metcalfe's letter ot res
ignation, the president In accepting;:
It says be does so with great reluct
ance. He thanks Metemfe for hla ef
ficient service and snys no president
could wish for a more total and
hearty support than Metcalfe, haav
glven him.
ECHO OF GUNNE8H MYSTERY.
Mother and Daughter Sue Rallvrna
for $00,000 for Indignities.
NEW YORK, Nov. 13. Mrs. Com
B. Heeren has brought suit against;
the New York Central railway asking;
130,000 damages because, aa she al
leges, she was mistaken for Mm.
Belle Gunncss, the La Porte (Ind.)
murderess, and taken from the trata
aear Utlca, N. Y., last summer. Hear
mother, It la said, who was with her
at the time, haa filed a suit for at
similar amount for alleged Indigni
ties to which she alleges she waa sub
jected. Mrs. Heeren, who Urea lis
Brooklyn, declares that she suffered
such a shock that neither she nor bee
mother has completely recovered...
Grand Duke's Dentil.
ST. PETERSBURG, Nor. 14.;
News of the death at Paris oC tftss
Grand Duke Alexis made little re
pression on Russion society.
For Sale.
240 acres of land. 40 acres In cul
tivation, balance hill land, tlmbear
and pasture. 20 acres can be trrs-
gated, fine good springs ana
of lasting water; good wagon road 1
town; ltt miles to school;
neighborhood; 1 mile to saw anl
shingle mills; near outside rangec
old house and barn; small orehardL
This Is fine apple land. The place Bn
10 miles from Myrtle creek. Prtear
3,000 It sold at once. Box M.
Myrtle Creek, Oregon. 41-sat
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