The San Francisco call., 1908-12-30

tain supplementary affidavits by Ruef
and some of his attaches covering
practically the same ground as those
fled last week. Most of these were
ruled out, but one or two were ad-
mitted. Dozier then attempted to call
the members of the Ruef trial jury to
the witness stand for examination and
to place other witnesses on the stand,
but objections to this mode of proceed
ure were promptly sustained The
only point gained by Ruef's attorney
was to secure a continuance from noon
until 4:30 o'clock, for the express pur-
pose of preparing affidayits answering
new matter brought out in the afTi-
davits filed by the prosecution.
Dozier Makes Excuses
When the case was reconvened at
4:30 o'clock, Dozier had not a single
affidavit TO present He explained his
failure to produce any evidence with
the declaration that he had been un-
able in the limited time to find the
necessary witnesses. Then he re-
newed his efforts TO place witnesses
on the stand or secure orders requir-
ing them to submit to the taking of
their dispositions, but again failed. One
more afidavit-that of James L. Gal
lagher-zwas introduced by the states
attorney, and the motion for a new
trial was submitted The denial of
the motion followed at once.
In denying the motion for a new
trial Judge Lawlor went at consider
able length into the circumstances of
the entire trial, laying stress on the
time consumed and on the exhaustive
examination given all jurors before
they were selected and finally sworn
to try the case.
A motion in arrest of judgment was
made by Dozier and denied by the
court, and then DoZier announced that
legal excuses were exhausted and that
he and his client were ready for the
court to proceed TO judgment.
Ruef Mortgages Lot
Another evidence of Abraham Ruefs
search for ready money with which
to fight against a prison term came to
light yesterday in mortgage for $685.
GOO filed yesterday. The names of
Ruef, his father and his sister. Mrs.
Henrietta Sittenfeld, appear on the doc
ument drawn in favor of r. W. Muller
l.
cent. and the security is a lot on the
west side of Powell street 100 feet
north Of Union.
1eney Coming Back
1t is now positively assured that
Francis J. Heney viii return to San
Francisco and take the leading part in
the prosecution OF Patrick Calhoun,
president of the United Railroads, on
the charge of bribing supervisors to
secure the passage Of the overhead
trolley ordinance. All rumors that the
assistant district attorney would, at the
request of President Roosevelt, take
part in the prosecution of the Pitts
burg councilmen charged with brib-
cry, were set at naught last evening
by the receipt from Washington of
definite word that Heney would re-
turn to San Francisco.
When asked yesterday in Washing
ton If he were TO take part in the
Pitsburg cases, Heney replied Il have
all can attend to at home. There is
enough work for me ia San Francisco
without going TO Pittsburg."
Discussing the coming Calhoun trial,
Heney said:
Il have hopes of convicting Calhoun.
/ though it viii be a hard task, as he
has many powerful and wealthy
friends"
Heney left Washington yesterday for
New York. From there he will imme-
diateiy return TO san Francisco.
Calhoun's trial has been set for jan
uary ; before Judge Lawlor.