The San Francisco call., 1906-10-27


side the cylinder, and a suppressed
laugh swept over the audience. Lang
don and Heney were also on hand. But
Mulcrevy did the job satisfactorily, for
no word Of objection was spoken and
Maurice Livingston's name was drawn
as the nineteenth member Of the In
) quisitorial body
WOULD EXAMINE JURORS.
At this 5uncture Heney exhibited his
oistrust OF the Grand Jury as drawn.
II any Indictment shall be returned
by this Grand Jury, and If IL be shown
subsequently that members thereof
were influenced by bias or prejudice"
he said, the indictments will fall. That
the administration Of the law may be
carried forward II a proper manner I
wish to examine the members of the
jury regarding their qualifications to
serve"
Ruef came spryly to his feet with an
interruption.
huef In the capacity of District Attor-
ney" protested Heney.
an here as an attorney at the
bar, just as Mr.. Heney IS" responded
Ruef
7 am not recognizing anybody as
District Attorney" was the manner in
which Graham wriggled out OF the
dilemma.
Ruef was allowed to proceed with
his argument against the proposal Of
Heney TO examine the Grand Jurors
as to their qualifications He declared
that Heney was seeking TO pursue un-
lawful methods in the formation of the
inQuisitorial body that was aimed to
carry out purposes Of malice and re-
venge.
Ruef's interruption and insulting
manner warmed Heney to the argu-
ment before him
I viii state right here" he said in
ringing words. that I will present be-
fore this Grand Jury charges against
Abraham Ruef of mfsdemeanor and
felony crimes. Within an hour after
this new Grand Jury is organized I
VIII begin the presentation of evidence
10 il 70 indict Abraham Ruef
II these Grand Jurors are to assume
their grave duties with minds so preju-
diced and biased that any indictments
can thereafter be set aside, then there
viii be perpetrated another farce an
other such comedy Of errors as was car
ried out in this city last night. ANY
juror might be able TO nullify an in
dictment by announcing subsequently,
that he was prejudiced against the de-
fendant. The result would be that all
OF our evidence would be disclosed and
opportunity given for the bribing of
witnesses and the spiriting of them
!
ask that we be allowed to examine the
. jurors as 10 their qualifications.
MANY ARE DISQUALIFIED.
I can state now that a number Of
these nineteen men are disqualified.
They are not on the assessment roll of
the city and county of San Francisco
and are not qualified to sit on the jury.
We should examine all the nineteen
and such Of them as are not qualified
should be excused and a legal body
formed before which this grave busi-
ness can proceed"
Ruef was quicker in getting to his
feet than was Langdon and gained the
recognition of Judge Graham. of
course.
II understand that Mr.. Heney is ad-
dressing the court as an attorney and
not as an assistant district attorney,
with authority usurped or otherwise. 1
viii say here that am not speaking
now as District Attorney. This novel
plea for examination OF the jurors is
without warrant OF law. It is a pro-
ceeding that has never been heard of
before. Mr.. Heney is simply making
this attack on the personnel Of the
Grand Jury 70 Ill the newspapers with
sensations. The law does not author
sze such examination OF jurors as IS
proposed and the request TO question
them is but a grandstand play to the
press.
The declaration is made that Ger
tain person is to be charged with
heinous offenses against the law and
IS TO be indicted. That person defes
this attorney to prove single offense,
defies him to prove one criminal act
That person de1es him to produce his
evidence IN open court. That persons
only objection to the secrecy OF the
Grand Jury is the knowledge that
manufactured evidence would be pro-
Tuced evidence cOncocted to satisfy a
deep malice and revenge.
II have not come here today TO pro-
tect myself, but to protect the people
and. officials Of the administration from
false charges and from the abuse of
the kept newspapers. There is nothing
1,,rf malice and revenge in the motives
behind these efforts here.
II charge that this is predetermined
effort to invalidate this Grand Jury.
There can be no otner HoIINe LOT me
attempt to oisqualify members Of the
s-,T,be gentleman is aiming TO have a
hacked Jury 7 hasten to withdraw the
word gentleman, for the name does not
TT him"
.Tudge Graham stopped further per-
sonalities along this line.
APPLAUSE BY THE ~PUsH."
Ruef closed with declaiming against
nersecution and the packing Of the
Grand Jury, and his henchmen defied
fhe courts mandate and again broke
out in applause
,Then came the mysterious entry Of
Attorney General Webb into the case
T-rberalded. he doomed up as a powerful
factor. His own explanation was that
he came as an attorney and also In
the capacity Of Attorney General for
.be STATE. Messrs. Langdon and Heney
V-ere taken utterly by surprise.
Ruef appeared to be pleased and ugly
,,,rnors were soon a1oat that William
y T4errin OF the Southern Pacific Com
-,e1v and TREY L. Ford Of the United
Isafiroads were responsible for his ap-
pearance in the case.
The corporations are supposed to be
involved in the charges Of boodling that
F5eney viii prosecute.
he Attorney General he offered his
ee~xfces to assist the District Attorney
~ the impeachment Of the Grand Jury
.nd in conducting the prosecution Of
srv cases that might arise. According
10 a Supreme Court decision. however.
80