The San Francisco call., 1906-10-28
HENEY To INSIST
On PART|AL
JURYMEN.
Continued From Page II, Coils. and 8

brought by the Grand Jury, and that
before Judge sitting as committing
magistrate would not be adopted except
as a final expedient, if at all.
'Ruef would evidently like to see me
go before a Judge" said Heney. HE
says ] am avoiding the truly American
form of procedure. But there is moth
ing more fundamental in English and
American law than the Grand Jury 1t
was considered such an unalterable
principal of law that the Constitution
of the United States marks the Federal
Grand Jury as the only means by
which criminal can be brought to
trial in Federal court for all time.
The story about an arrest of the
Supervisors tonight is absolutely false.
We are in position where we can take
our time. And / can say absolutely
that the one thing we are working for
now is to prevent Grand jury being
sworn in in which there are jurymen
who will take orders from Ruef
Later we might resort to the alter
native form of procedure, If we should
fail in getting a straight Grand Jury
but'-Heney added with smile-"the
bright lexicon of youth knows no such
word as fall
WILL QUESTION vENIREIEN.
1t was evident from his tone and his
manner that the developments of the
day had been of a satisfactory ma
ture and that he was confident he
would meet no obstruction in his de-
termination to question the veniremen
as to their qualifications to serve in
the body which is to listen to the evil
dence against Ruef.
II shall insist that the people have
right to question the men who have
been drawn on this jury before they
are sworn in. The people, represented
by the District Attorney. and the peo-
pie alone have that right"
Heney was told that Ruef had made
the boast that If Heney was allowed
to question the jurors as to their fit
MSS to return an indictment against
hfm he would block the proceedings
/. by taking a directory and questioning
each of the nineteen men on the panel
as to what he knew of each man in
the directory, beginning with the first
name in the AS and so on down through
the list, and he was asked if this would
not result in an interminable delay.
81 shall insist" he replied, Sthat the
people and the people alone have the
right to question. Ruef cannot do this
In the right of an attorney, for only
the District Attorneys Office has the
right. 1t is established by a California
decision which 1 cited yesterday after
nOon."
Confidence marked Heney's manner
yesterday afternoon If he had shown
any uncertainty on the day before, aft
er the appearance of Attorney General
Webb in the case, and the non-commit-
tai attitude of Judge Graham, the
events of yesterday had removed all
doubt from his mind, and 1t was easy
to see that he no longer feared the
interposition of an obstacle which
would prevent his getting a Grand
Jury which will be free from the con
troll of the grafters,
EVIDENCE NOT DISCLOSED.
When questioned as to the character
of the evidence which has been secured
by Secret Service Agent Burns, he
said:
1T will be impossible for me to make
any statement regarding the character
of the evidence we hold, and L shall
confine myself to typewritten inter
views in any 1 may give out to the
press"
District Attorney Langdon said:
There are just three men who know
what the evidence is we hold. Those
men are Mr.. Heney, MIR. Burns and
myself The slightest hint which
might get into print as to it's nature
would put the men we are after on
their guard
When Heney was told that Ruef had
said that he knew that Heney was
armed up to 1 o'clock on the day be-
fore. Heney replied:
We'll. they didn't find any gun on
.me when theirJman searched me in the
courtroom and I didn't have one"
1t is known. however, that Heney sell
dom leaves his Office without a gun in
his pocket. The exhibition of violence
on the part of Ruefs tenderloin
and prize fighting push at the court
room on Friday may have been taken
as an indication of what was possible,
and this, together with the deeds of
the gaspipe men. has made Heney
take the precaution of going armed.
G0RKY AT NAPLES.-Naples, Oct 27-
Maxim Gorky was the object OF enthusiastic
demonstrations here today, especially by stu