The San Francisco call., 1908-11-03
MAY FILL THE RUFF
JURY BY AGREEMENT
Ach Makes Unexpected Sugges-
ton With View of Securing
the Necessary Two

Completion of the Ruef jury by an
agreement between the prosecution and
defense to accept some two men agree
able to both sides, instead of continuing
the nearly hopeless task Of attempt
ing to fill the existing vacancies by
examination of talesmen, was the un-
expected suggestion made by Attorney
Henry Ach OF Ruef's counsel at the
close Of an Improbable session of the
case yesterday. 1t was a suggestion
which Assistant District Attorney
Heney at first took as joke, but which
he later promised to consider seriously,
after Ach had assured him that the
proposal was made in all earnestness.
Nineteen talesmen had been examined
and dismissed one after the other on
grounds of opinion or prejudice within
q little over an hour, and the last panel
was exhausted when Ach proposed the
adoption of the unusual way of bring
ing the ceaseless task of jury getting
to an end. That Heney took the mat
ter as a Jest was not surprising in
view of Ach's statement that the sug-
gestion was actuated only by the de-
to bring the trial to a speedy conclu-
sion, but when he persisted in assert
ing his fairness Of purpose, both Heney
and Judge Lawlor gave partial ap-
proval to the plan.
The present manner of trying to fill
the jury box seems absolutely hope
less" declared Ach. My client and
Mr.. Dozier and myself discussed 1t at
length at noon, and we are perfectly
willing to adopt almost any plan to
I'LL the box and get to trial. If counsel
for the prosecution will consider 1t with
us, 1t is possible that we might agree
upon some two men to go into the box
and fill the vacancies-say two citizens
whom we all know, or two attorneys
or two judges of the superior court
from some other county. or two su-
preme court justices or two members
Of the appellate court"
Yes" interrupted Heney sarcastic
ally. I'VE might agree upon Justices
Cooper and Kerrigan of the appellate
court"
I'm serious in this" responded Ach.
Il believe there are many good, fair
honest men who, in spite Of the fact
that they might have an opinion. could
go into the box and give both sides
fair and impartial trial I believe we
might get together and agree upon two
such men,"
The matter was discussed for sew
eral minutes, and Heney declared that
he would give 1t serious thought It
was suggested that dozen names
might be agreed upon and put into the
box and that the first two drawn should
be sworn to serve. Judge Lawlor said
that he would be willing to subscribe
to any plan that would be satisfactory
to all the parties in interest and that
might hasten the trial. If the discus
sion bears fruit, 1t is probable that the
attorneys for the prosecution and de-
fense will meet some time Wednesday
and attempt to hit upon a plan and
possibly canvass list of names.
Out of the venire of so summoned
into court yesterday only Is talesmen
qualified for examination. Two others
remained in the box and the entire IT
were questioned and excused, a new
panel of so having been ordered for
tomorrow morning. Those examined
and dismissed yesterday were Caius
Ryland, James P. McSheehy, Robert P.
Heating, Charles Gruenhagen, Irwin S.
Preston, Fred w. Mueller, Arthur s.
Holman, John T. Costello, Henry c.
Aschen, James s. Hurry, Thomas c..
Arnold, James S. Lee, Charles A..
Gwynn, William F. Perkins, william
Larson, Homer T. Bickel and Horatio
T. Harper.