Los Angeles herald., 1907-04-10
ACH AGAIN
WARNED BY
THE COURT
Judge Dunno Scores
Abraham RuefS
Attorney
Stormy Scenes Furnished
in Graft Case at
San Francisco
Two Out Of Four Talesmen Examined
Are Accepted as Probationary
Jurors-Importan DeVeI-
opments Today
BY Associated Press.

BY Associated Press.
SAN FRANCISCO, April 9.-Four
talesmen were examined today in the
Ruef trial.
4 Two of them withstood the quail
fication tests and were passed into the
box as probationary Jurors. They are
James Otis, a commission merchant,
and Seamon Varnhagen, a produce
dealer.
The other two, Frederick H. Coon, a
salesman, and Theodore F.. ]. Kast, a
grocer, were excused for bias.
AS result of the days proceedings.
the number of jurors who have quail
fed, but are yet subject to peremptory
challenge, was increased to seven, and
five more talesmen remain to be exam
ined before the present panel is ex-
hausted and it becomes necessary 20
draw fresh panel of 100 or 200 from
the regular jury list or order a fresh
panel from the county.
A statement by the defense recently
made that 1t viii exercise all of Its ten
peremptory challenges is taken to mean
that none of the seven Jurors thus far
passed in the box will be permitted to
try the case.
Attorneys Clash
The feature of today's proceedings
was heated encounter between Special
Prosecutor Hiram w. Johnson and
Henry Ach of counsel for Ruef and re-
peated admonishings to Ruef by Judge
Dunno that his conduct was most re-
prehensible."
johnson objected to a question put to
a talesman by Ach, denouncing it as
an intended slur on counsel for the
prosecution and daring Ruef's lawyer
to produce one reputable witness lii
contravention of the claim. Ach re-
torted warmly that he could produce
such witness, but that the name of
that witness was none of Johnson's
business.
Judge Dunno, interfering in the dis
pute, told Ach he thought 1t would be
more manly and honorable for him TO
name the informant than to refuse the
information, whereupon Ach, stung and
greatly angered, noted an exception 10
Judge Dunne's remark and declared
that he needed no lecture from this
court or from anybody else as to his
manliness."
Judge Dunno admonished Ach that
his conduct was most reprehensible,"
and the attorney took his seat after
being thrice commanded to do so.
Ach's Question
"The question by Ach out of which
the miniature tempest grew was this:
IF you knew that the Citizens al
lance had contributed money toward
the prosecution of this case would that
knowledge tend to influence you in your
attitude toward the defendant Ruef?"
To this question johnson objected,
declaring that mot one quarter of
penny" had been contributed by the
alliance, and that counsel for Ruef
knew this to be fact.
During cross-eXamination Talesman
Otis was asked by Ach whether in his
observance of the proceedings he had
gained the impression that Judge Dunno
believes Ruef guilty and desires his
conviction.
This was direct reversion to the line
of examination checked yesterday by
Judge Dunno as contemptuous of the
court, and he promptly put stop to 1t.
Don't ask any more questions on that
point" he said.
Ach inquired If this prohibition COW
cred future examinations as well as the
one in hand. He was told that it did.
A proceeding out of the ordinary,
proposed by the prosecution and con-
Cured In by the defense, was had early
in the afternoon session. The seven
probationary jurors, in order that they
might attend to their personal business,
were excused from attendance for one
day, the court agreeing that their pres
ence was unnecessary during the ex-
animation o other talesmen They will
report Thursday morning, when the un-
is they will be excused on
the same ground.
Ach and johnson again locked horns,
to the diversion of the audience, dur
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