The San Francisco call., 1908-09-17
Talesman Commits Perjury in
Effort to Be Accepted to
Try CRATER
Curly Boss Lawyer Prevents
Possible Exposure by Hasty
Challenge
Judge COnfronts Juror Witk
Record COntradiCting His
Sworn Testimony
Ach's Efforts to Drag Foreign
Issues Into Case Bring
Many Clashes

Bald perjury cropped out in thu
Ruef trial yesterday In the ex-
animation of veniremen for the
jury panel. Evidence that many
of the talesmen called were max
ing strenuous efforts to get on
the jury which is to try the fallen
boss has been plain since the be-
ginning of the trial, but yester-
day the most fragrant case came
to light when Peter N. Butt, who
had been temporarily passed, was
confronted by Judge Lawlor
with court records in direct con-
tradiction of his sworn testimony.
That sensational denouement was
not sprung which would have created
panic in the ranks OF the attorneys for
Ruef second only to that following the
exposure of the Blake jury bribing. was
due solely to the quick resource of
foreknowIedge of what was about to
take place.
Butt had been temporarily passed
and was in the jury box, on the
grounds of his testimony that he had
no fixed opinions and considered that
he was able to give the defendant a
fair trial. Toward the close of the
leaned from the bench, saying TO
Butt:
RECOGNIZED BY JUDGE
Il think 1 have seen your face be-
fore. Have you ever served as jury
man in this court?'
NO. sir" replied Butt.
Were you not examined during the
first trial of Tirey L. Ford, held in the
Temple Israel?' persisted the Judge.
with severity in his tones.
The venireman looked startled, hen
answered cautiously:
I was called in that case. but I was
not examined in the box. I was ex-
cused because of illness"
The recollection Of the Juror does
not agree with that of the court nor
of the records of the incident in ques-
tiOn, which 1 have looked up" said
Judge LawlOr. Il have here the testi-
10. 1907. ! find in the examination Of
Talesman Butt that the following took
place:
Question-Have you an opinion as to the
merits OF this case9
Question-Is that derived from reading the
Quick as flash up jumped Attorney
Henry Ach.
Your honor. 1 challenge the juror
on the ground that he has already
served within a year and is therefore
exempt"
the copy of the transcript he held in
his hands.
BUTT Is EXCUSED
rs the challenge contested2" he in
quired of Assistant District Attorney
Heney. Receiving a negative answer
Butt was excused After the juror had
gone the records disclosed the follow
ing as the balance of the interrupted
testimony about to be read by the
court:
ouestion-Is that derived from reading the
newspapers?
Answer-Yes, sir.
QuestiOn-COuld you set aside that opinion
and try this fairly upon the evidence in
troduced here before you?
Answer don't think Z could.
BY the eourt-The juror IS excused on the
ground Of prejudice
After an entire day of tedious ex-
animation of talesmen the number OF
men remained the same as the day
before. When court adjourned seven
temporarily accepted jurymen sat In
the box and one talesman. Harvey
paint contractor OF 6525
California street. was still undergoing
examination
Others examined and excused, for
various statutoty causes were tina fol-
lowing: Louis c. Brown. William r.
Altwater. George McCaw of 1T Belve-
dere street, Chester 5. Smith OF 3467
Pacific avenue, John e. Miller of 2644
Howard street, Thomas S. Williams OF
1914 Vallejo street. Martin Rathjen OF
21O1 Lombard street. Nicholas Ahrens
and Julius Baumgarten of 1889 Devisa-
dero.
There were frequent clashes in court
between Heney and Ach. due to the
latter's systematic efforts to drag for
eign issues into the case in order TO
make sarcastic filings at the graft
This stopped, however.
after a severe reprimand had been de-
1ivered from the bench