The San Francisco call., 1908-12-09
SCHOOLER HIRED BY
INDICTED LAWYERS
Murphy and Newburgh Sent
Attorney to Blake When Jury
Fixer Was Arrested
Former Counsel OF Would Be
Bribe Giver Reveals Long
Sought Facts on Stand


employed under mysterious circum-
stances to defend Z. A S. Blake, the
jury fixer, before the latter confessed
his crime duplicating Murphy and New
burgh, was an unwilling witness at
Murphy's trial yesterday Although
friend of Murphy's, according TO MS
admission. Schooler revealed series or
facts which the prosecution had long
sought to bring out, showing that
Schooler was hired by Murphy and
Newburgh not alone to defend Blake,
but to protect them.
1t was d triumphant day for the
prosecution: a cruel rebuff for Murphy
and his colleagues, for Schooler, i'm
plicitly trusted by the Ruef attorneys.
divulged his employers, and in the dis
closure of these facts the unwilling
witness showed how deeply interested
were Newburgh and Murphy in Blake
precarious situation, also their own
predicament.
SCHOOLER UNWILLING
Schooler manifested his unwilling
ness when called upon to name his en-
ployers at the time of Blane's arrest.
He refused to answer the question on
the ground that the actual circum-
stances of his engagement formed part
of privileged communication.
Schlesinger first objected to the in
PRODUCTION of this testimony, but aban-
doned this attempt to seal the witness
lips to impress the jurors with the de-
fense's earnest desire to have the whole
truth" revealed. Schlesinger released
Murphy's privileges, Blake followed
with his REIMBURSEMENT, but New
burghs release was not to be obtained
at this time. Schlesinger finally
shouldered all responsibility and in
formed the court that he would release
Newburgh's privileges. BY this step
Murphy's true colors were exposed.
RELEASES PRIVILEGE
Blake did not call upon me or send
for me- said Schooler II called upon
Blake at the request Of and here
the witness stopped abruptly.
L decline to answer that question"
stammered Schooler. ION the ground
that my answer would divulge a privi-
legged communication" Schlesinger
suddenly announced that he would re-
lease Murphy's privileges.
L was employed by Mr. Blake" he
began. Mr.. Newburgh had been
warm personal friend of mine. On Sep
tember l read of the circumstance
Of his difficulty in the paper, and Judge
c. H. Fairall told me that the grand
jury was investigating an indictment
against Murphy and Newburgh.
NEWBURGH WORRIED
'.Newburgh was worried about the
grand jury and he went to Henry Ach's
office in the Kohl building. He tele-
phoned to me, saying, Can you come
down to Achs office at once? 1 want
to see you on important affairs
Il visited Newburgh, and when / ar
rived at Ach's office / went inside the
room and saw Newburgh and Muir
ply Newburgh said, L think the
grand jury has indicted a man named
Blake. and I think it will indict me.
1 want you to be my friend New
burgh said, There is nothing to 1t at
all, but L am badly worried about it,
said that 1 thought Newburgh ought
to be frightened about an Indictment.
Murphy said that l had better look
after his end of the case. l told both
of the men that 1 would go and see
Blake, and 1 did. 1 saw Mr.. Blake at
the solicitation of Murphy and New
burgh before they were indicted.
told Blake that 1 had come to see him
from a mutual friend. Henry Ach was
present at the meeting in his Office. but
took no part in the proceedings
Schooler also testified that he had
secured Blake's bondsmen, without i'm
parting this knowledge to Blake.
VISIT TO RUEF.S OFFICE
Roy Kelly, special agent of the dis
trict attorneys Office, who shadowed
Blake while the latter was under Burns
surveillance, told of several visits paid
by Blake Murphy and Newburgh to
Henry Ach's Office and of visit made
by Martin Stevens and Blake to Abe
Ruefs Office.
Blakes confession and testimony was
spects by the statements of S. NJ Snyd-
er, John Martin Kelly's employer; Miss
Laura NJ Collins, stenographer in
Snyder's real estate Office, and by, John
Martin Kelly, whom Blake attempted to
bribe
Kelly was called to the stand in the
morning and testified to the same facts
given by him in the Blake trial He
declared that he had never solicited a
bribe from any one and that the affi-
davit made by Blake at Murphys insti-
cation was false The Murphy attorneys
admitted the veracity of Kelly's state
ments, which were in direct opposi-
tion to the defenses contention that
Kelly had solicited bribe, and that
Blake, speculating upon Kelly's vote
of mot guilty on the Ruef jury would
make it possible to demand remunera-
tion of Ruef in exchange for his volun-
tary services.
Lathan'S Case Continued
At the request of the district attor-
ney the case of A. S. Latham Abe
Ruefs chauffeur, charged with accept
ing bribe of 81 200 not to appear as
witness at the trial of TREY L. Ford
last January, was yesterday continued
by Police Judge Cabaniss until Decem-
Der 81, owing to the absence of a ma
terial witness. The Judge, in view of
the fact that Latham had been indicted
by the grand jury on bonds of $4,000,
which he had been unable to secure,
released him on his own recognizance,
with the consent of the district attor-