The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-04-17

ination Lafee was passed without chal-
! lenge from either side.
! When the roll of the new venire was
/ called Yesterday morning it was found
/ that only 81 of the so men summoned
were in court, the return of the sheriff
! showing that IS could not be found
| and that 16 had failed to appear after
having notices either handed to them
personally or left at their homes. Ach
objected TO proceeding and questioned
the official return made by the sheriff,
stating that it did not comply with
the necessary requirements. Judge
Dooling needed the objection to the
extent of putting the case over until
afternoon and issuing attachments for
all absentees, with instructions to the
sheriff to bring in every talesman
summoned and in the city. If it took
His whole office force to do so. Thirty
We're accounted for in addition to the
16 who could not be found when the
afternoon session of court convened,
and the court ordered the case to pro-
ceed over Ach's objections.
The talesmen came up and went
down like so many tenpins Almost
every man called was suffering from
an unqualified opinion concerning
Ruef's guilt and took the first oppor-
tunity Ito express it, The result was
IA rapid depletion of the new panel
with practically no progress. c. Alb
biata, billiard hall proprietor of TIT
Sixth avenue, furnished the most
unique excuse for dismissal by averring
that he did not believe in sending any
man to the state penitentiary for
bribery. His idea. as he developed it
for the benefit of court and counsel,
is to change the law and fine a man
for such an offense and so. as he de-
clared, get more convictions. He said
he would vote for fine, but not for
Imprisonment. even under instructions
from the court. He was challenged
and excused
a hat store. had a tilt with Heney
which ended only in a sizzIe, though
1t threatened an explosion. Heney
opened on Dillon by asking him when
he had last talked confidentially with
Ruef Dillon didn't like the imputa-
ton, and said so, but was forced to
admit a minute later that he had
talked with Ruef for some time yes
terday morning before going into court.
Dillon said that he also knew George
Keane and then Heney, instead of ask
ing him il he knew Sam Leake, de-
manded TO know whether he had last
talked with Leake Wednesday or Tues
day.
1T wasn't either" shouted Dillon in
louder tone. 1T was this morning.
He came in to buy a hat
Do you know that Leake is en-
ployed jointly by the United Railroads
and Ruef and that he reports to Dr.
Coffey twice a day." demanded Heney.
Dillon refused to say whether he
believed Ruef to be right or wrong
guilty or innocent. and hesitated to COM
init himself. Finally he ended matters
himself by stating that he did have
an opinion which would undoubtedly
affect his verdict and that he did not
believe he would make a fair Juror
Ach at first denied Heney's challenge
but withdrew his opposition when the
tslesman repeated his admission of the
state of his mind, and Dillon was ex-
cused
George BARLEY, retired farmer,
was under examination when, adjourn
ment was taken, and had already been
passed by the prosecution. He was
the last man on the panel, and Ach
vainly endeavored to show that a de-
feet in his hearing would seriously
impair his service as a juror. The at
tempt was a failure, and when Ach
tried to catch BARLEY by asking if
he had heard final instructions given
by the court in a low conversational
tone just before adjournment, BARLEY
caused a laugh at his expense by re-
peating the instructions almost word
for word.
TALESMEN SUMMONED
The 80 talesmen ordered into court
for 10 o'clock this morning. are:
Charles J. Eldracher $50 Oetavia street.
Giuseppe J. Eldracher, $50 Ocfayia street.
Samuel N. Rosenbaum. 210S Jackson street.
Edward 3: Jones. 1920 Washington street.