Los Angeles herald., 1907-04-12
MUST UNRAVEL
LEGAL TANGLE
IN RUFF CASE
Who Will Summon
Jurymen?
Either Sheriff or ElIsor Must Do the
Work, but Recent Decision Makes
the Problem a Hard One
to Solve
BY Associated Press.

By Associated Press.
SAN FRANCISCO, April 11.-One of
the most interesting questions from a
material as well as purely legal
standpoint to be evolved out of the
Ruef trial was projected today by the
prosecution and will be determined to-
morrow by Judge Dunno.
IL Is, briefly stated, whether the act
of the court in disqualifying the sher-
in from having the custody of Ruef
had and has the effect of disabling the
sheriff from now summoning a fresh
venire from the regular jury list of
24OO names. and thereby necessitating
the appointment of an elisor to sum
mon a special venire from the body of
the county.
The present panel of talesmen hav-
ing been exhausted today, with no
juror as yet finally chosen to try the
case, new panel must be drawn or
summoned before the proceedings can
go on. Sheriff O'Neil having been dis
qualified on motion of the prosecution
Tor personal bias in favor of Ruef the
state is not willing that ONeil shall
nave the summoning of a new panel
from the regular jury list.
Consequently Special Prosecutor
johnson shortly before today's adj
1ournment gave notice of a motion for
the decentralization of the sheriff and
l.
mon special venire of 10O
This is the anticipated move against
which the defense has been silently
contending and carefully preparing for
weeks. Outside of the court room
Ruef's counsel have made no secret
of their great desire to have a new
venire-when the time for II should
arrive-drawn from the regular Jury
list instead of specially summoned, or
of their strong objection to the venire-
men being hailed into court by Elisor
Biggy or any other elisor instead of
by the sheriff.
Judge Dunne's Decision
Judge Dunno himself recognized the
nicely of the point involved when he
said in response to Johnson's motion
and to Ach's emphatic objection that
1t was his purpose to proceed in the
orderly and usual way" unless con-
vinced that justice demanded the sum-
moning of special venire.
1t is stated that if the latter course
is followed and an elisor appointed to
summon the talesmen and have charge
of the jury when it has been selected
the proceedings will have the support
of recent decisions to the effect that
sheriff cannot be disqualified from
certain of his sworn duties and allowed
to perform certain of his other natural
LuiIIlOllS III OIle ana IIle same case,
In other words that his disqualified tion
by court is complete instead of par
tial as far as the cause on trial Is
concerned.
O'Neil, however, was disqualified by
Judge Dunno on motion by the pros
ecutfon which covered custodial duties
only. Hence Johnson will ask for
formal decentralization and the for
mai reappointment, it Is understood,
of Biggy as elisor. Three probationary
Jurors were accepted during the day,
increasing the number in the box to
ten, all of whom are subject to per-
emptory challenge.
New Probationary Jurors
They are Teodore Cohen, a dry goods
merchant; John ]. Duffy, drayman, and
bartholomew Oregan, retired butcher
One talesman, Max Cans, retired
liquor dealer, was challenged for bias
and dismissed. Another, T. r. Herlihy
failed to answer to his name A search
disclosed that he was not in the city,
and ne was excused by the court over
the objection by the defense.
A lively encounter between Attorneys
Ach and Johnson occurred early in the
afternoon session over a voluntary
statement from Juror Cohen, made bv
permission of the court, that he had
been approached as a juror by a man
ne uiu hol KNOW. Acn suggested that
johnson might be able to tell this per-
sons name. Johnson returned the
compliment in kind and a wordy war
ensued.
The prosecution will tomorrow file
affidavits in support of it's motion for
the decentralization of the sheriff and
the appointment of an elisor to sum
mon a special venire. The arguments
will follow and the defense may ask
and obtain leave to prepare and file
counter affidavits in support of it's
contention that the sheriff should be
ordered to summon an ordinary venire
from the regular jury list.