The San Francisco call., 1908-05-21
Charge OF Judge DOOling as to
"AccOmpIice" Clears the
Minds of Jurymen
Ach Meets Curt Refusal on
Asking That His Instruc-
tionS Be Read


For Aeauittal
Henry Ach .-................ to
Frank Murphy y--.-....--....-.-1t 10
Abe Ruefs fate still trembles in the
balance, yet retribution seems close
to the one time boss. At midnight
last night the jury was taken from
the room where it had been wrsnglng
since early morning and locked up for
second night in the St. Francis ho-
tel. 1t had reached no decision. but
every indication was that the breach
had narrowed and that verdict may
yet be returned.
Ten standing firm for conviction
and two holding out for acquittal.
but wavering before the arguments %
their fellow members OF the 5ury, ard
\ close study OF portions OF the tssti-
monv given during the trial was the
whispered rUmoF as 10 how the jury
stood when it retired for the night
IT was more than a rumor. for q
came from a dozen sources and IL was
substantiated as nearly as any report
concerning a jury's deliberations can Be
made.
RUFF GROWS HAGGARD
There was no doubt during the even
ing as to the direction in which the
wind was blowing Even Ruef saw IT,
and his jauntiness Of the early morning
faded slowly into detection He was
nervous pacing the floor restlessly his
face was haggaTd and his eyes were
bloodshOt- II was evident that The
E
breaking down the reserve of the men
who originally voted for an acqui1Iai.
and the struggle enacted behind the
closed door was reflected in the coun-
tenance Of the defendant
Most significant OF all the events
which marked the jury's deliberations
during the day was the request made
at 1880 o'clock last night for a copy
Of the testimony OF Jennings Phillips
Early in the day the jurors had asked
for supplemental Instructions concern
ing the definition OF accomplices and
had received from Judge Dooiing an
/ explanation which practically was 70
the effect that only James L Gala CHER
could be considered an accomplice
When Phillips testimony was called
for the natural presumption arose at
once that the Jurors who had at first
i refused to consider his testimony as
being that of an accomplice. had at last
agreed 10 go over it thoroughly IN the
1 light OF the courts ruling Such
study Of the evidence can have but one
result. for Phillips was the one wit
ness who most directly connected Ruef
with the promise Of paying the Para-
side bribes.
LITTLE TIME FOR STUDY
There was little time for a study of
the evidence after IL was placed in th4
jurors hands. for it was then aearly
midnight, and promptly at u o'clock
the bailins in charge OF the jury en-
tered the room or the courtroom and
took the IL tired men to the St Francis
hotel. Up TO the last minute the court
room was crowded with as many peo-
pie as could md standing room within
the doors. and several women were
among those who fingered until the last
minute on the chance that an agree
ment might be reached and the sus-
pense brought finally 10 an end
Several times during the evening
there came from the jury room the
sound Of voices pitched high in arr1-
ment-an evidence of the battle going
on between -thosewwhO are divided in
opinion concerning Ruefs guilt II
was not a calm argument. but a hot
battle of words. the trend Of which
could not be gathered. but the spirit
of which was easily guessed
Should the jury fail in the end to
reach a verdict il will be a duplica-
ton of what happened at the end or
the first trial Of Louis Glass. Then
the jurors declared that had they re-
mained longer in deliberation they
would have come 10 blows. and 50 II
seems IN the Ruef trial-ss though the
limit of argument has been reached
MAY KEEP JURY LONG
Judge Dooling has said nothing a.
yet 10 indicate how long he viii keep
the jury out. and il IS fair 70 presume
that he viii not consent 10 its dis
charge until every possible means has
been taken TO have decision reached.
shortly after 10 o'clock a knock was
heard from inside the locked portals
Of the jury room and when the deputy
responded Foreman Penny whispered
TO him asking for the transcript OF
Phillips testimony given May T.
Immediately Judge DOoling vas
called on the telephone. the prosecution
Vas notified and Ruefs lawyers SUM
moned TO court There was a half
hours delay while the transcript was
being gone over BY the attorneys.
After the testimony had been handed
in to the jury room Judge DoOling left
for home. giving instructions 10 tie
bailln 70 lock Up the jury for the rsss