The San Francisco call., 1908-10-22

only one vacant seat now remains in
the jury box in Judge Lawlor's court
room. the eleventh juror having been
passed and sworn yesterday TO serve
in the Ruef case. Not only was this
much accomplished, but the box was
filed twice during the day and prose-
cutfon and defense We're each compelled
10 use a peremptory challenge on tales
men against whom challenges for cause
would not lie. leaving Assistant Dis
trict Attorney Heney with single
peremptory and Henry Ach of Ruef's
counsel two.
George II. Cross of 22s1 Market
street. manager of the Grand Central
hotel who was passed for cause Tues
day was the man whose qualifications
proved satisfactory TO both sides and
who was consequently sworn to serve
and sent to the st. Francis hotel to
join the 10 jurors previously chosen
The challenge interposed by the prose-
cutien Tuesday against Charles H. Har
rington on the ground that his lack
Of interest in civic affairs and his dis
regard of the duties of citizenship un-
fitted him for service was resolved
by the court in favor of the defense.
Judge LawIor's dicision was given only
after an examination Of authorities
bearing on the subject. which con-
WINGED him that the unusual ground of
challenge was not sufficiently sane
toned by precedent TO insure its le-
gality. Heney at once exercised d
peremptory challenge
JUDGE REBUKES ACH
Ach's peremptory went TO disqualify
George W. Pressey of 22l5 Steiner
street. retired. after he had failed dur
ing nearly three hours OF cross eXami-
nation to discover single opening for
a challenge for cause. He did attempt
such challenge, but in view of the
talesman's answers there was nothing
on which to base it and IL was promptly
disallowed. SO persistent was Ach in
attempting 10 trip the prospective juror
into admission contrary TO his most
positive statements that Judge Lawlor
was several times forced to warn SAch
that such trihing with the court and
waste of time would not be tolerated.
Ach's answer was an unexpected COM
mentary on his own notorious methods.
Time cuts no figure with me- your
honor" he blurted out
apparently not" responded Judge
Lawlor. 1T does with the court, how
ever, and you viii pass to another sub
ject at once"
COURT LIMITS TIME KILLING
Ach smiled. glanced at his watch and
girded himself for an effort TO kill the
rest of the afternoon. if possible. He
might have succeeded had not Judge
Lawlor again set a limit on his lengthy
and involved questions touching prac-
tically every instruction of the court
that might or might not be given at
the conclusion Of the trial. As it was
he came within 20 minutes of filing
out the entire afternoon. His final
challenge being disallowed, Ach exer-
cised one Of his three precious peremp-
tories.
Ialesmen who were examined and ex-
cused yesterday on statutory grounds
of challenge were John P. Digley,
William L. Harvey, Ed II. GriswoId,
Walter A Hoffman. E. L. Eyre. Joseph
N. Willard, James Hogg, William H.
Mccormick, Paul Borchard and Jere-
miah J. Donovan John A. Hooper of
220l Laguna street, lumber merchant.
was under examination when adjourn
ment was taken.
Quarters for Judge LaWlor's court
probably viii be secured by the use of
the Colonial theater, in McAllister
street Sheriff Dolan, who has been
endeavoring 10 find a suitable place,
has received three offers: OF the Ly-
ceum. for $50 per day; the Novelty
1heater, $500 per month, and the Colo
NAL, $500 per month. AS the latter is
the cheapest, as well as the most sub
stantially built of the three, and near
10 the present location. the court will
IN all probability be moved there.