The San Francisco call., 1908-10-08
BLAKE FNM[SHES
HIMSELF ON STAND
Accused Jury Fixer Makes
Many Direct Contradictions
in Testimony
Prosecution Springs Surprise
When II Closes Case at the
J Morning Session

Tripped into many glsring contradic-
Tons OF testimony under skillful
cross examination yests rday afternoon
bN District Attorney LaIeSdon. r. A ;.
Blake. charged with an attempt 10
bribe juror in the Ruef trial. knotted
his own defense into uangle Of cir
cumstsntisl incrimination from which
he failed dismally 10 eXtricate himself.
Although in his drst examination
Blake directly contradicted every essen
Tia feature Of the story told by John
Martin Kelly, the prosecutors star
witness he failed 10 piece his explana-
lion OF the alleged bribery together in
= way 10 Withstand the assaults made
upon il during his cross examination
l.augdOn directed his efforts toward
The Impeachment Of the defendant. and
not only did he bring out contradic-
lions involving Blake himself, but also
developed a line OF testimony that en-
meshed both Frank J. Murphy and A.
= Newburgh OF Ruef's counsel
on direct examination Blake declared
that he had never offered Kelly a cent
OF money TO vote for Ruefs acquittaL
but on the contrary. that Kelly had
told him on August ] that he didn t
propose 10 stay on the Ruef jury for
s. = day. but wanted 81. coo, and didn' [
care from which side he got it.
Il told him he was foolish. said
Blake. and that he couldn't get on the
Jury under any condition, because he
was not on the assessment roll
BLAKE Is CONFUSED
When Langdon reached this part of
the testimony during the cross exam
instion he asked Blake how he had
known that Kelly was not on the as
aessment roll. Blake promptly re-
spohded that Frank Murphy had told
him 50 on the occasion of their first
meeting, but that he had forgotten to
mention this in his previous testimony.
over strenuous objections from Carl
Lindsay of Blakes counsel. Langdon
pointed out that the juror had already
testified that Murphy had instructed
him to visit Kelly and inquire into his
state OF mind concerning the case and
find out whether he was member OF
the good government league and
whether he had been visited by any Of
Burns detectives.
Was that what Murphy asked you
10 do?" questioned Langdon referring
10 this testimony
Yes said Blake He told me tha
Kelly was not on the assessment roll
and couldn't qualify anyhow a juror.
and so they didn't have much time to
monkey with him"
And then after that he sent you
around 10 inquire into his state Of
mind?T demanded Langdon.
PALS TO EXPLAIN
Blake was forced TO admit that such
had been his Instructions, but he failed
utterly 10 explain why an investigation
had been begun when it was known
tnst Kelly could not serve. LangdOn
laid great stress on the discrepancy,
while Lindsay tried as hard TO make
lght OF the testimony concerning this
point
Then Bake said that he reported bis
conversation with Kelly TO Newburgh
three or four days before he told Muir
ply Of it. few minutes later he
testified that while the conversation
occurred on August ! he had told no
living soHl about IT until August II.
Asked TO explain the delay, he said
that Murphy had been out of the city
and that Newburgh, whom he saw sew
ersl times in the interim, refused TO
listen TO any report, telling him to wait
until Murphy's return.
Then il is not true that you re-
ported il to Newburgh hrst?" asked
Lsngdon.
NO, I'm not sure of that, I'm a little
uncertain" declared Blake, falteringly
Then you wish to withdraw your
former testimony" challenged Lang
don.
Yes" said Blake. I'm not sure.
think I had better"
Blake was forced to admit that on
the day OF his last visit to Kelly or
August IS, he was in Judge Lawlor'
courtroom during the morning session
or the Ruef trial. He said that he had
been impelied by curiosity to drop of
2 passing car when he saw crowd
in front of the courts building and
that the visit TO court was merely g
coincidence. He said that he had never
been in the courtroom before, but II
was brought out that he went directly
from there to Kellys of1ce on this oc-
cssion.
Bsngdon sprang surprise on the de-
Tense yesterday morning by declaring
the case for the people closed after
calling but two witnesses to corrobo-
rate some details OF testimony. At
forney Lindsay outlined the defense il
his opening statement to the jury, de-
airing that his client had not offered
a bribe, but that Kelly had solicited
one from him. He declared that In
visiting Kelly under instructions from
Murphy and Newburgh Blake haC
merely acted under Judge Lawlor'f
ruling that it was proper for the par
ties in interest to Investigate the state
Of mind Of veniremen summoned in the
case. He referred TO Kelly through
out his entire statement as q perjurer
Lindsay entered a humber of highly
technical objections yesterday TO the
admission OF testimony relative TO the
Ruef case. but was overruled in almost
every instance 1t is possible that the
taking OF testimony viii be concluded