The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-04-16
Accepted Subject to Challenge

Five jurors have been sworn to try
Abe Ruef on Ehe charge of bribing
former Supervisor Jennings Phillips in
connection with the Parkside fran
chise deal. Peremptory challenges
turned seven men out of the jury box
yesterday, FIVE challenges being exer-
cised by the defense and two by the
prosecution. The jury panel was ex-
hausted before the day was over and
new panel of 80 has been ordered
into attendance this morning.
There was trouble in the courtroom
after the so names for the new panel
were drawn yesterday afternoon. The
subpenas for the new veniremen were
handed TO Deputy Sheriff L. j. Cald-
well for service, as he had received IN
structioas from the sheriff to perform
this duty, and Attorney Frank Muir
ply of Ruef's counsel was ready with
another of his endless objections. Cald-
well was employed by William ]. Burns
prior TO his appointment as deputy
sheriff, and Murphy made this the
basis of a heated TRADE. He declared
that the defense would not trust Cald-
well to serve the summonses, and asked
Judge Dooling to order some other
deputy to undertake the task.
DILAToRY MOVES MADE
Judge Dooling refused to interfere,
in spite of declarations by Ach and
Murphy that they would not stand for
any panel summoned by Caldwell. He
stated that he had nothing to do with
the administrative functions of the
sheriffs office and would take no steps
to have Caldwell. or any other deputy
disqualified District Attorney Lang
don and C. W. Cobb merely laughed at
the absurd objection and left the mat
ter entirely to Judge Dooling without
argument.
This effort by the defense to delay
proceedings were not the only dilatory
move emanating from the same quarter
during the day. When the peremptory
challenges were called for and the
prosecution had used its first challenge,
Ach objected to proceeding until ~
men were in the jury box, attempting
by this means, in the face Of all prece-
dent, TO force the prosecution to exer-
else all its peremptory challenges be-
fore the defense used any, instead OF
alternating. After each challenge that
was made the objection was renewed
and exceptions were taken.
Judge Dooling made it plain during
the morning session that no testimony
concerning Ruefs immunity contract
would be allowed TO creep into the
trial unless, as he said, at slips In
when the court isn't looking. He
stopped inquiries by Ach concerning
this matter during the examination of
jurors, and in response to Ach's objec-
ton declared positively that the sub
ject of an immunity contract would be
tabooed throughout the trial.
oliver Christensen. the sea captain
who was examined Tuesday afternoon.
was challenged for a second time by
the defense as soon as court convened
yesterday morning, but the challenge
was disallowed.
NOT ON ASSESSMENT ROLL
1t was shown by the prosecution that
John OConnell, who had been accepted
subject to a peremptory challenge, was
not on the assessment roll, and on a
challenge by Langdon he was excused
over the objections OF Ach, who at
tempted to hold him in the box in or
der to deprive the prosecution Of an
additional peremptory challenge. Ed
ward 8fohrig OF 1868 Fulton street, a
dealer in automobile tires, was the sec
ond talesman examined with the OBJ
ject of filling the vacancy in the jury
box. He was passed after a challenge
by Ach had been disaliowed, and was
one of the five talesmen retained by
both sides when peremptory challenges
were exercised. The other four were
John Koeneman, Isaac Penney, r. frost
and Patrick Connolly. The prosecution
challenged Edward B. Carr and NJ. APP
pleton and the defense dismissed John
Bowes, Charles @. Fredel, Paul Bar
bieri, oliver Christensen and Patrick
Sullivan.
Altogether IT other talesmen were
questioned during the afternoon and
only two OF them passed satisfactory
preliminary examination. William NJ.
Leverone, journeyman butcher of 1904
Railroad avenue, South, was passed
after an exhaustive examination, dur
ing which Ach made a vain effort to
disqualify him, and Marcus Lafee of
1851 Howard street, manufacturer of
pipe and machinery. was in the box,
sworn and ready for examination when
adjournment was taken.
NEW PANEL is ORDERED
The new panel ordered into court for
10 o'clock this morning is as follows:
Guy +. Kirner, 923 Central avenue.
Horace W. Orear. 1850 Pierce street.
John E. Lamb. no shotwelI street
Robert wfer 1908 Mission street.
Marcus s. Koshlands. $500 Washington street.
John Rolling, 252T Bryant street.
Levi NJ Benjamin, 1913 Hartford street.
George BARLEY. 414s Twenty fifth street.
David @. Hughes. 81 Seward street.
Harry II. Brown. 1879 Geary street.
Jeremiah J. O'Connor, $40 Bartlett street
Joseph D. Chamberlain, 1445 Seventh street.
Samuel Meyer, 362 Pierce street.
Samuel Solomon. $40 Fell street.
George II. 7. Jackson. sos Haght street.
James Flood. 2719 FiIbert street.
Peter Anderson. 204 Lily avenue.
c. Abbiati. III Sixth avenue
John L. Radovich. 1925 Green street
Herman Bauer, S51 Buchanan street.
Edward L. Baldwin, 1913 Devisadero street.
James W. Keyston Jr, 1l41 Dolores street.
Jacob L. Lewiston, 1881 Suffer street.
John Fl. O'Brien, AT Shotwell street.
Charles Downing, 1928 Devisadero street.
Henry Schultz, I226 Pacific avenue
John j. O'Connor. 81 Pierce street.
Thomas D. Boardman, 3022 Clay street
Louis R. Grim, 115S Church street.
August Sfrauh Cos Chenery street