Los Angeles herald., 1908-05-22
TRIAL OF RUFF
AGAIN ENDS IN
DISAGREEMENT
JURY DISCHARGED AFTER A
HOPELESS WRANGLE
THIRTEEN BALLOTS ALL TO 8
FROM THE START
crediblity of Witnesses Causes Split,
with No Possibility Of Agreement.
Demonstration Of Spectators
Is Averted

BY Associated Press.
SAN FRANCISCO, May 21.-Unable
to agree after being out almost forty-
four hours, the jury in the case OF
Abraham Ruef, charged with offering
a bribe to former Supervisor Jennings
j. Phillips, was discharged at o'clock
this evening by Judge Maurice I. Doo-
ling.
Thirteen ballots were taken, and the
Jury stood to from the outset. AT
no stage was there a chance for an
agreement the credibility of the wit
nesses being the main point upon
which the jurors divided.
After leaving the hotel this morning
the Jurors marched to their room ad-
Joining the court and Immediately re-
sumed their deliberations.
At 11:45 a. m. Judge Dooling sent
word for the jury to come into court.
Through Foreman Isaac Penny the
Jurors asked for more time. Their re-
quest was granted and they retired.
Discussion Is Continued
At Q o'clock the jury resolved to go
to lunch, and discussion continued dur
ing the afternoon.
When O'Clock arrived the baflin
ordered the courtroom cleared. as
Judge Dooling had decided to send for
the Jury in a short time and there was
desire to avoid any demonstration on
the part of the spectators.
1t was announced the jury would not
be summoned until 1880 in the evening.
AS a result attorneys directly interest
ed and the members of the press were
about the only ones in attendance
when the jurors filed in and took their
places in the box.
Foreman Penny arose and in response
to the question of Judge Dooling said 1t
was impossible for the jury to agree.
Each juror was questioned by Judge
Dooling and all agreed that they could
not arrive at a verdict. Judge Dooline
then formally discharged the jury.
Reports Serious offense
At this point in the proceedings Fore
man Penny, addressing Judge Dooiing
remarked that in view of instructions
given, he felt 1t his duty to report ar
| Incident to the court. He said thai
while the Jury was passing Leayen'
| worth street and tioidsil Gate ayenu.
| this morning en- route to court DIR. Ed
ward J. Creely a veterinary surgeon
accompanied by another man, were
| close at hand in buggy. According te
| the statement of Penny, the Jurors
neard Creely say, bo hoe coi'AOe ihS
friend Ruef."
Assistant District Attorney Heney
questioned Penny as to the details OF
the affair, and Juror Mohrig arose and
said he felt the remark of Greedy was
intended for him alone, he being a per-
sonal friend of the veterinarian, and
that in his opinion there was no at
tempt to influence the jury.
viii Be Summoned
Mr. Heney announced he would pre-
pare affidavits and an order citing DR.
Creely to show cause why he should
not be punished for contempt of court
The matter was set for 10 o'clock to-
morrow morning.
After the dismissal of the jury Fore
man Penny stated that the minor is
sues were swept aside and that the
main point during the deliberations
was the credibility of witnesses.
| At one stage of the proceedings ar
effort was made to come to an agree
| ment on the testimony of Supervisor
| Phillips, but the six men who stood for
acquittal claimed the testimony OF
Phillips placed the proving of the al
| legged crime on Supervisor Gallagher
and Gallagher they would not believe
| District Attorney Langdon made a
statement this evening to the effect
| that the prosecution will not cease the
work that has been cut out, and that
as soon as possible he will proceed to
| try Ruef on one of the other 1T indict-
ments pending against him.
The attorneys for Ruef were plainly
disappointed and said they fully ex-
| pected an acquittal.
The trial of Ruef occupied sever
weeks, four of which were devoted tc
securing a jury. over 600 talesmer
| were examined.