The San Francisco call., 1908-09-29

A benefcent influence lowered over
the Ruef case yesterday. Two unusual
and unexpected circumstances marked
the progress of the days proceedings.
Ia the first place there were no un-
seemly clashes between counsel, and
in the second place two new talesmen
were added 10 the jury list, subject 70
peremptory challenge. That would not
he much Of an advance in an ordinary
ease, but it creates an unwonted op-
timism in view OF past records for
DrOcrastination in a case where Henry
Ach is juggling continually with tech
2 nicalities.
Charles A. Roller. retired hardware
merchant of SOS Guerrero street, was
the first man TO successfully Withstand
the fire OF examination from the legal
batteries Of the contesting sides. He
was allowed to retain his seat in the
5ary box without challenge. That hap
. pened early in the afternoon. and be-
fore court adjourned for the night Will
eliam J. O'Leary of 329 Preside avenue
had also been accepted. Nearly a
score Of other talesmen were also ex-
amineds
The early morning proceedings were
marked by the presence in Judge Law
lor's courtroom of a number of the
employees of Special Agent Burns and
= choice selection of gumshoemen and
shady characters in the hire of Abe
Ruef and the United Railroads detective
organization. Burns men were haled
into court as a means of interfering
with their work of investigating the
records of taIesmen, but the retalia ton
of burns in issuing counter subpenas
for Ruef henchmen knocked the adroit
plan in the head.
The prosecution held the Ruef heel
ers in readiness for presentation to the
various talesmen, with the object Of
ascertaining whether any Of them had
approached the talesmen. but this pos
sibility of an embarrassing recognition
did not accord with the plans of the
defense The result was agreement.
entered into during the afternoon, that
all such witnesses for either side should
be dismissed subject to call. Judge
Lawler himself took the view that wit
aesses could not be held Indefinitely
s md. ordered their dismissal.
Among the alleged jury investigators
% subpenaed from the Ruef-United Rail-
roads organization We're Sam Leake;
Tom Gibson of the United Railroads
bureau; former Sheriff Tom O'Neil;
George Keane, one time member of
Ruefs COUNSEL: Henry A Nelson, who
was identified with the plot to hamper
the investigation of the Gallagher
dynamiting outrages: George n. Tiche-
nor, chief of one of the fayorite de-
tectfVe bureaus Of the graft organiza-
ton: John Morgan and Richard Knox.
From the first panel of veniremen
examined during the morning Martin
Concannon of 649 Diamond street.
Carl Ahlgren of $3.50 Kearny street,
Carl Donnemark of 7es Haight street.
J. ]. Sullivan of III Frederick street
and Solomon Mish Of 1866 Clay street
were excused for bias and set opinions
concerning Ruefs guilt Charles Watt
Of 1906 Scott street was not on the
assessment roll and H G. P. Meyer of
l11e Eddy street was dismissed on
Ach's challenge because he had dis
eussed the graft cases with his busi-
ness partner, who was q member of
the jury in the Tevis-Bulletin libel
suit
Roller and. O'Leary We're accepted
after exhaustive examinations without
any challenge being interposed by
either side Roller is a member of the
good government league, but testified
that he did not join the organization
because he wished to see Ruef in prison
and that his afiliation would not affect
his verdict
Roller said he knew former Super
visor Max Mamlock and brother in
law Of former Supervisor Charles
Boxton, and that 1t would not take a
great deal of evidence to convince him
that the latter had sold his vote and
his manhood while a member of the
boodling board.
O'Leary was the first talesman who
has been examined to admit that he
was present in court on the day that
Ruef made his hypocritical confession
of guilt and promise of atonement but
he insisted that this fact would not in
luence his verdict.
During the afternoon session sew
eral other talesmen were examined and
eNcu1ed for bias. They were David
Csrbrae of 1850 York street, William
Adams of 652 Ninth avenue, Peter
Bergna Of 5 Olive court, Andrew An
derson of 2e07 Cough street, Daniel w.
Earl of 2121 Laguna street and Robert
A BrownIee of 1928 Pine street