The San Francisco call., 1908-10-24
LAST PFREMPTORY
USED IN RUFF CASE
Ach Exhausts Final Challenge
in Order Not to NuIIify His
Exceptions"
Defense Tries to Disqualify
Panel, but Only Exposes
Own Rank Methods

Rather than nullify the thousand and
one assignments of misconduct and
error with which he has filed the Ruef
case record during the selection OF a
Jury, Henry Ach yesterday exercised
his tenth and last peremptory chal-
lenge against William Nielsen, tales
man whose qualifications to serve hao
not been questioned on any ground OF
cause The law provides that If
Jury is finally accepted without all the
defendants peremptory challenges hav-
ing been used the acceptance amounts
TO a waiver of ali objections that nave
been made during the imT4nelment.
For a few minutes yesterday after
noon it seemed that the jury was TO be
completed without more delay, and II
was only after an extended conference
with his client and Thomas B. Dozier,
associate counsel, that Ach finally SUB
mitted his last peremptory challenge
Before doing so he asked the court II
there was any way in which the de-
tense could preserve its right to allege
error without making the challenge.
Receiving a negative answer he an
nounced that under the circumstances
he was forced to make the challenge.
Nielsen had previously passed salts
factory examination and had been
passed by both prosecution and de-
fense.
An attempt made by the defense yes
ferday morning to dlsqualify the new
special jury venire brought into court
fell fiat its only result being to illumi-
nate the effort of the defense to re-
pudiate the consent given by Ach 10
the drawing Of special venires. Ach
himself was put on the stand and
forced TO admit that he had given his
consent to such drawings, but Dozier
he Tan ri NJ
subterfuge by asking him if such con-
sent had been to irregular or i'm
proper methods or TO a waiver Of the
defendants constitutional rights. The
answers were in the negative.
Deputy Sheriff f. J. Coyle and
Clerk p. Il. COyle were called as wit
nesses to testify to the methods used
in securing names and quickly did
away with the insinuation that the
names had been given them by inter
ested parties. The argument of the
defense was that the methods used had
been absolutely unlawful" and an
invasion Of the defendants constitu-
tional rights. Deputy Sheriff Coyle
declared that he himself had taken
the names from the registration lists,
and explained that the reason the
venire had been summoned exclusively
from the thirty ninth district was be-
cause il was found easier to take
names from one part of the city and
because the residents of the district
in question We're nearly all property
owners and on the assessment roll
Dozier argued that a selection of
names in this way did not comply with
the code provision that the sheriff
should go out into the body of the
county" to secure a special venire The
objections, however. were overruled
and the motion to nullify the venire
was denied.
In preparation for the beginning of
the trial Ruefs attorneys yesterday
issued subpenas for Rudolph Spreckels,
Judge 7. H Dunno. William J. Burns
and several others to appear as wit
nesses- The subpenas also contained
demands for all memoranda, notes. pa
pers, letters or kilograms relating in
any way to the Ruef case or to the
Ruef immunity contract.
Dozier was again reprimanded by
the court yesterday for injecting re-
marks during the examination of q
talesman- Heney had been objecting
TO leading questions asked by Ach
and had then stepped out of the court
room for minute. Ach was about to
resume when Dozier turned to him, and
in a tone loud enough for the court
70 hear. said:
Don't make that question leading" /"
Assistant District Attorney OGara
appealed to the court to stop such in
terruptions, and Judge Lawlor re-
sponded by addressing Dozier.
You said that derisively," he re-
marked, and I desire now, Mr.. Dozier,
TO inform you at the outset of your
connection with this case that the
court will not submit to that form of
Interruption"
Talesmen who were examined yes
terday and excused under statutory
challenge were Arthur S. Baker, Percy
r. Haslett, Theodore J. Music, Charles
II. Bentley, Antoine Klint, E W. A.
WaterhOuse and Gustave Buchholz.