The San Francisco call., 1908-04-23

All emblems at secrecy on the part
10 secure a fixed" jury to try their
client for bribery was abandoned yes
terday afternoon when they made fran
tic endeavors 10 retain on the jury
man in whom they had pinned their
hope Of a disagreement.
There was no acting on Henry Ach's
part when he fought against the dis
qualification as juror OF Harris An
ixter, an eX-conv1ct, and there was
every element of deepest sincerity in
his battle against Heneys challenge of
the man who had served one term on
felony charge and has been arrested
twice since that time for minor offenses.
Anixter, who is a dairyman, was
tentatively accepted on Tuesday. Some
thing Of q sensation came yesterday
afternoon when Heney asked to have
him recalled for special examination.
He plunged at once into an exposure OF
the mans past, and when 1t was fin
5shed there remained no glinmer of
doubt Of Ruefs plan for disagree
ment.
ACH FIGHTS HARD
Despite the manner IN which Anixter
WAS shown up as a man with a record
made a hard fight TO hold him on the
jury and desisted only when the final
order Of court excusing the man from
service had been made. The shallow
ness Of Achs pretext was doubly ap-
parent from the manner of his exami-
nation. In the case of every other
tslesman who had been passed Ach has
spent from an hour TO three hours In
searching inquiry into every detail that
isyh 4 0f 1rafff
dice With Anixter he limited the in
Quiry TO not more than Is minutes and
his questions were OF the most superb
cial nature.
Late in the afternoon Heney asked to
have Anixter recalled for supplemental
examination concerning facts which
had just come TO his knowledge, and
at once brought out the record OF his
past. The juror suddenly suffered a
severe stroke of forgetfulness He
could hardly remember the offense of
which he was convicted IN 1894. but
finally had to admit Heney's charges
were correct. AS Heney developed the
story over q running fire OF objections
by Ach. intended TO drown the Jurors
answers, Anixter was convicted of a
crime II years ago and served SEN
tence of six months in the house OF
correction. Four years ago he was
arrested while the Schmitz adninistra-
lion was IN power on a charge of SELL
ing aduiterated milk and was saved
from punishment through the personal
Intervention of Ruef
Anixter was arrested a second time
on this same charge less than two
months ago. lie has two sons. one of
whom is prominent in Native Sons cir
cies. When Ruef's expulsion was un-
der consideration by the order this
son worked in Ruef's behalf Both the
father and the sons have been loud
in their denunciations of the prosecr-
ton and have done everything in their
power TO assist Ruef All these facts
were forced from the unwilling Juror
by Heney, and finally challenge was
interposed. Then Ach showed the
true state of his feelings. He denied
The challenge, argued against IT ar
great length, and subsided only when
the final order dismissing Anixter was
made by Judge Dooling. It was q
show down such as the case has not
before witnessed.
WANTS CHANGE OF VENUE.
last oilatory move by the de-
fense is scheduled for display this
morning Through the medium of sew
ersl bushels Of afidavits. with which
ammunition ne is most adept, Ruef is
10 make an ostensible effort to have
his trial transferred from San Fran
cisco to some county where he can re-
= ceive, as he is pleased to term IT. a
more fair and impartial trial. From
The viewpoint OF the average San
Francisco citizen, Ruef is far from
anxious 10 have his plea granted. for a
trial before jury in some interior
county where he is practically un-
known personally would be the last
thing that he could really desire. but
the denial OF a motion for a change OF
venue viii add another ground on
which he may base an appeal after
conviction, and the proceedings to-day
viii consequently serve a purpose
which is OF no mean proportions in his
eyes.
,otice was served yesterday upon
the district attorney that a motion for
change Of venue will be made 70
Judge Dooling this morning. Attorney
Frank J. Murphy OF Ruef's counsel