Los Angeles herald., 1907-10-22
EIGHT SWORN
AS JURORS IN
FORD TRIAL
HENEY ACCUSES TALESMAN
OF PERJURY
Florist Admits He Asserted Prosecutor
Was Insincere, but Says
He Has Changed His
Mind

| BY Associated Press.
| SAN FRANCICSO, Oct. 21.-When the
| task Of completing jury to try TREY L.
| Ford, accused Of bribery, is resumed to-
morrow morning Assistant District Attor-
ney Heney may attempt to prove by wit
nesses that Talesman Sydney Khan is a
perjurer. The special prosecutor so an
nourced at the close of this afternoons g
session of Judge Lawlor's court. If he
! succeeds Kahn will be the second tales
man to be excluded on that charge.
Kahn is a florist. He and Heney got
| into verbal trouble at the outset of his
| examination. Accused point blank of hav-
ing denounced his inquisitor as being In
sincere, Kahn admitted that was true.
But" he qualified, that was three
months ago, and I did not believe you
sincere. I have since changed my mind. -
After both sides had accepted Kahn ten
tatively Heney returned to the attack, de-
manding to know If Kahn would swear
that he had not denounced Heney and the
/, prosecution within the last month
Yes" said the taiesman, loudly, II will
swear to it."
I'm the morning." said Heney, address,
ing the court, IT may put witnesses on
the stand to prove this man is testifying
| falsely"
The prosecution today exercised one
peremptory challenge, the defense three.
There remain to the former four chal-
| leDges, to the latter seven.
Three of the seven veniremen accepted
PROBATIONARY last week were excused for
| cause when the case was resumed today
Seventeen other panelmen were examined,
OF whom seven withstood the qualification
tests and ten were dismissed for bias
Eight Jurors In Box
The day closed with the box holding
ffr1al l1xr fn1
to try the case. three passed subject to
peremptory challege and one--Kahn-held
over in the balance.
The all-important question, "Will the
prosecution call Abe Ruef as a witness %
was projected into the foreground today
by the examination of Talesman Will
iam MacNevin, a real estate dealer, who
declared that he would not believe "one
word Ruef might say, under oath or not"
Heney nevertheless passed him and Earl
ROBBERS followed suit, calculatin that II
Heney should subsequently dismiss Mac
Neyin peremptorily 1t would be hint
that he meant to call Ruef and that IL
he accepted him finally the inference
could be logically drawn that the fallen
and imprisoned political boss would not
take the stand against Ford
But Heney upset all this by returning
to MacNevin and asking sharply: IF
Ruef should take the witness stand in
this case would you give any considera-
tion to his testimony?'
mo-" said the panelman, 'I would
not. 1 have had dealings with him. /
could not believe anything he said."
Heney at once challenged the real es-
tate dealer for cause.
Moore Objects
A. A. Moore objected to the inter-
position of the challenge on the ground
that the prosecution had not stated that
Ruef would be called.
mo" said Heney, ''the prosecution has
not And it can't, because it is impos-
sible for the prosecution to tell what
evidence the defense may put on that
would or would not make necessary the
production of Ruef in rebuttal."
Over the protest of the deferse, Judge
Lawlor allowed Heney's challenge and
dismissed MacNevin-the fifth juror to be
excused by request of the prosecution
after acceptance by both sides. 1t is
thought the jury will be completed by
tomorrow night.
The original exercise of peremptory
challenges by the prosecution and the
defense was delayed at the opening OF
court this morning by the discovery that
Juror Henry Eiebert, commission mer-
chant, and James B. Blair, constructing
engineer, were not on the last assessment
roll hence disqualified They were ex-
cused.
Juror Leon A. Lazarus informed the
court that his wife is Ill and asked to
be excused. His request was granted.
Capt. Andrew 70. Smith. retired mariner,
was accepted by both sides as probation
ary juror No. TO-
The prosecution sought to have Juror
John r. Jenkel accepted tentatively last
Thursday, removed from the panel on the
claim that his name did not appear on
the assessment roll.
Seeks to Keep Juror
The defense resisted spiritedly and
showed that Jenkel owned considerable
property and believed he had paid taxes
regularly Judge Lawlor at length ex-
pressed his impatience at the delay in
getting at the facts, and at his sugges-
tion the examination of other paneimen
was taken up while the assessors books
were being fetched.
The prosecution accepted Joseph Hall,
contractor, who confessed an opinion but
declared he could set 1t aside. Under
cross examination he said 1t would re-
quire evidence to remove his belief that
the supervisors were bribed. Rogers
promptly challenged for cause. Heney,
fConffnurea nm Pare Tvvm.p