The San Francisco call., 1908-09-30
FOREMAN ARRAIGNS
FORMER RUFF JURY
Penny Declares Those Who Dis
agreed in Graft Trial
We're Not Honest
MeH Who Voted for AcquittaI
Would Not Listen to Sound
Argument


@Bad I known then what have since
learned about jury tamPe-fns I would
have sprung a sensation in Judge DoOI-
fngss court thar would have resulted in
the hnIin< Of numerous men before the
court i would have asked for ex-
plnnaffOa Of the conduct of Billy Swift.
who headed the Jurors who voted for
RUefs acquittaI. have been turning
this over again and again in my mind
and there fs but one answer-that jury
was not an honest one.--Statement OF
lsaze Penny, foreman of the Ruef jury
that disagreed May Il
Brought 70 the conviction that hid
den Influences in the jury box during
the last Ruef trial may have been re
spc1slble for the split verdict IN that
case Isaac Penny. who was foreman
Of the hung jury. has voiced his sus-
piclons n words which amount almost
70 direct accusation- Penny electrified
q meeting OF the Berean society Mon
day evening with similar remarks. but
yesterday he reiterated his assertions
and in addition exposed further details
ot strange circumstances which he had
Observed IN the jury room
" p Swift and John Koenemau.
\ Zach OF whom voted for aoQufttaI. came
- for particular scoring BY Penny.
/SEitt was termed 2 clever politician" !"
-schemer- and "a shrewd man on the
Ruef jury" Swift was ar one tine on
the verge of sounding" him At the
s. francis hotel during the pendency
OF the trial said Penny
ULTERIOR MOTIVES CHARGED
KSenensn was charged BY Penny
with Interior motives II securing q
place on the Ruef jury after he had
asked 70 be excused from service. Ac-
cordiuz 20 Penny. kOeneuau was the
most disEruntled juror IN the room. be
Ing apparently displeased because he
had 70 serve Penny sz-d that kOene-
o man. however. while vigorously pro-
testing was asked why he should be
provoked when he had offered 70 serve
as 5uror IN the face OF his previous
discharge from the jury
L was recent disclosures IN the ex-
animation Of jurors for the present
R,ief trial that moved Penny 70 speak.
according 90 his statement The re-
tnrn of Indictments for jury tarnpering
aHd the patient efforts OF Inz4ny venire-
men 70 force their waz % the panel
brought back vivfdlE 20 his mind with
new sizufhcsnce mzny occurrences in
90 the jury room durtng the former trial
Penny concluded with the statement
That the Gght II the prosecution was
q one IN which every honest citizen must
tzke part, eTcn 70 the point OF making
sscridces. cad urged rrsr the issue had
narrower down TO & battle for an hon
est judiciary
we must stand shoulder TO shoulder
a1defghr necessarily for Judge Dunno 5
re-eleccion." said Penny
JURY NOT HONEST, SAYS PENNY
II; deem It wise that the public
shouId know OF our deliberations in
- 5ury room. since We represent the
(ablic-~ said Penny in explanation OF
lis srateusnt- I must first declare
-hst the jury was not honest Billy
swift IS q shreWd man and his conduct
in the jury room was far from being
proper. The defense was well repre-
.seuted in the jury room By Swift
swift and four OF the other men
Who voted for acqufttaI would not
listen 10 sound argument-their MINDS
were already made up These men
paid no attention 70 the case and could
hot discuss & single phase OF Il They
stood Pat with Swift Anderson. be-
.lisve. was honest in his opinion, though
mistaken
But had I known then what I have
since learned about jury tampering
would have sprung q sensation II
.F1dze .DooIiug's court that would have
men before the court I would have
asked FOR an explanation OF the con-
,5sler Of Swift who headed the sextei
-6f Jurors who voted for an acquirtal-
for Il was Swift who was most active
in the interest OF an scquitesl-
PLIGHT FOR DUNE URGED
This is not all that occurred IN the
jury room that caused me 70 wondeI
and has kept ne investigating ever
since that dishonest verdict was re-
turned How did Swift get on the
5ury2 Why did Koeueman. after hav-
ing been once excused return and o1el
his services as z juror and take hi:
seztZ These are questions that have
been turning over again and again II
ny mind and there is but one answer
that Jury was not an honest one
7 can now recall a scene in ths
COURTROOM when Swifts name va
called Prior 70 this another name has
been called. but the man who shouls
have answered shrunk frem view while
the next name was called Swift re
suonded and took his seat
The fght Of the prosecution is Z
good one II is a fight in which ever.
citizen must take an interest and uiak'
sacrifices II necessary II has mar
a owed down 70 q campaign for a.
y honest judiciary, and IN this respec
we must all stand shoulder to shoulde
and fight necessarily for Judge Dunnet
reelection