The San Francisco call., 1908-04-03
.FORD'S ATTORNEYS
BEAT A RETREAT
Back Down From Their Attempt
to Disqualify Superior
Judge Lawlor
Refuse to Introduce AfidavitS
Relative to Alleged Bias
of the Court

Virtually a complete backdown was
made yesterday in Judge Lawlor's s
court by the attorneys for Tirey L.
Ford, who have been seeking for three
days to disqualify Lawlor from sitting
In the third Ford trial. The attack
was made on one original and three
| borrowed afffdavits and the original
document was so thoroughly mangled
by legal process Wednesday that little
was left yesterday on which to base q
cause. The higher ups simply gained
three days delay
so the fight veered to the question OF
the admissibility of the affidavits Of
Abe Ruef and Rabbis Nieto and Kap-
ian, originally presented in Ruefs own
case. Judge Lawlor ruled yesterday
that these documents could not be con-
sldered In their guise of borrowings
rms left the defense the opportunity
or securing original affldavits to the
same effecD from the aff1ants. but At
torneys A. A. Moore. Louis f. Bying-
ton and w. H Orrick left the court
with the tacit understanding that
nothing more would be done.
Judge Lawior suggested that affi-
davits might be presented from those
manifold infornants who had led Ford
TO believe, as he stated in his affidavit.
that Lawlor was prejudiced against
lnspirers of affidavits should remain
unknown, stating that the case would
be rested on the remnants of the Ford
affidavit
Assistant District Attorney John
O'Gara will present his aftidavits in
controversion of the Ford relics at
o'clock this afternoon. Among the
afndavits TO be presented may be that
of Judge Lawlor himself Under the
raw the qualification of a judge, if 1t is
made point controversy, rests en-
tfrely on the showing of the opposing
sides In the case in affidavits, and the
judges personal views on his own
state of mind cannot influence his rul-
1ngs-a peculiarly unpsychological en-
actment of the state legislature.
Under the ruling of the court yes-
terday the transcripts of testimony in
the previous Ford cases were not nee
essary evidence, but O'Gara agreed to
their admission and consideration.
Neither Ford nor any of his code
PENDANTS among the United Railroads
officials was present in court yesterday.
Orrick opened the argument In the
morning. dealing entirely with the ad-
of the borrowed Ruef, Nieto
and kaplan affidayits. O'Gara replied
that the affidaYits would have little
weight In the cause at issue, for the
atlantis could not be held for any
possible perjuries which might be in
the papers.
In the afternoon Judge Lawlor cited
court decisions to the effect that the
code provision concerning the disquali-
fcation of judge on the grounds of
personal bias was enacted In 1897 and
had never thoSouxhly been adJudicated
by the appeifAtN courts. He showed
that In questions of information. the In
formants' personal evidence should be
presented. He then made his final rul- |
ings, to which Moore took exception.
Ford and Patrick Calhoun will ap- |
pear this afternoon at a o'clock to |
show why they should not enter their |
pleas to their latest acquired indict- |
ments. Ruef also will be present to |
Mead