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

An approximation of the passing of
the lie, Modified to the far less bell
ligerent phrases, you are not telling
the truth; you know you are not tell
ing the truth" disturbed the routine of
the trial of TREY L. Ford before Judge
Lawlor yesterday and caused more ex-
element than the peremptory chal-
longing of four talesmen and the i'm
paneling of three additional jurors in
the case.
The clash occurred during the ques-
tionfng of Henry j. A. Mau retired
confectioner of $50 Guerrero street.
The defense delved long and somewhat
tediously to determine the state Of
Mau's mind
O'Gara asked the court to have coun-
sci expedite the examination, and the
senior Moore retorted that If watch
were held on the talkfests it would be
shown that the defense consumed a
third less time than the prosecution.
The evident purpose of counsel" re-
sponded Q'Gara with asperity, lis to
get Jurors favorable to their case,
while I, in keeping with my duty as dis
trict attorney, strive to fairly deter
mine the state of mind of the juror
CALLS ELDER MOORE A BULLY
The elder Moore made some sarcastic
comment, and O'Gara came back holly
with: Neither 1 nor any civilian nor
any member of the bar of California
cares what you say. You are known as
a bully, as man who does not COM
mand respect
Stanley Moore was quick to his feet.
I'VE have ignored Mr.. OGara's attacks
and insults to the attorneys and to the
newspapermen and the jurors" young
Moore declared, but II this continues
Well have to ask the court TO preserve
fha dignity nf the -
You have not ignored it and you
know you have not" cried OGara, COM
ing to the climax of the scene. You
are not telling the truth and you know
you are not telling the truth"
Stanley Moore pushed forward toward
O'Gara. declaring that he would not
have his word doubted, but then Judge
Lawlor quieted the turmoil.
THREE JURORS SWORN
The three jurors finally sworn yes
terday were Antonio Fedora, Max Lud-
wig and Hans Rasmussen. They Joined
the other five In the sequestion camp at
the st. Francis. Four chairs are yet to
be filled, but in two of those are jurors
| temporarily passed.
Mau, around whom waged the battle
of the lawyers, was temporarily passed,
as was Frank 3. Beutler of 1892 Fill
more street That filled the box, and
O'Gara asked permission to question
Henry T. Smith, chosen Tuesday, at
greater length 1t appeared that Smith
had frequently discussed the graft
cases with a fellow Grand Army man,
James p. Mulcahey of the mint and was
friendly disposed toward Ford. II said
Ruef was the kingpin of the bribers,
said Smith, but 1 don't remember men
tioning Ford's name, but 1 might have
said 1 was sorry for him." OGara's
challenge was not allowed. But Smith
was quickly removed with the peoples
last peremptory. The defense removed
Mau, ]. ]. Pratt and Beutler
PUTNAM Is PASSED
Edward w. Putnam, a real estate
man, living at 1921 Filbert street, an
swered questions in a manner that
would have warmed the convolutions in
the brain of a professor of psychology.
He made a rare distinction between
Impression" and opinion" admitting
that he might have had an impression
on the graft cases which he would not
crystalline into words under oath.
Stanley Moore and the juror exchanged
polysyllables at some length, when
O'Gara asked that the psychological
and metaphysical dissertation cease.
Putnam was passed.
]. J. Murphy was later accepted. Au-
gust c. Litzius and Fred S. Palmer were
excused, the latter because he believed
that if a subordinate committed a
crime under instructions of a higher up
he should not be punished.
The trial will be resumed this morn