The San Francisco call., 1908-09-30

The lie was passed yesterday IN the
Ruef trial when Henry Ach of Ruefs
counsel accused. Francis ]. Heney of
misstating facts. and the latter re-
sponded with the direct challenge. The
quick clash came during the examina-
ton of James L. Arthur, who later was
temporarily passed to the jury box, but
Il lasted only a moment, for Judge
Lawlor stopped the threatening quar-
rel and rebuked Ach for the use of
tactics which provoked the taunt-
Ach misconstrued an answer given
by Arthur into an admission that the
latter had read the transcript Of grand
jury testimony in the graft cases, and
on such construction flung at him sew
eral questions tending to disqualify
him from jury service. Heney object
ed 10 this, charging Ach with having
done it purposely. and Ach answered
that Heney was misstating facts.
You lie" responded Heney.
a lie from your lips don't mean
much" flung back Ach.
He started to say more, but Judge
Lawlor interrupted him, declaring that
his questions had been misstated.
though perhaps unintentionally, and
that he had made remarks calculated
TO draw Incorporate responses from
opposing counsel.
HENEY ON STAND
This was not the only clash of the
day. for Ach called Heney TO the wit
ness stand in an effort to make him
testify concerning the nature of re-
ports received by him about Arthur.
and Heney refused to give the desired
communications were confidential.
Judge Lawlor supported Heney and,
though Ach asked several questions,
they all went unanswered Heney.
however, took advantage of the ques-
tions put TO him to make one statement
that amounted TO a direct accusation.
The prosecution has reports that
several attempts have been made TO fix
jurors in this case" he asserted
I suppose that statement is made
by you as an attorney, Mr.. Heney, and
not as a witness under OATH" sug-
gested Ach.
That statement is made under oath, /"
was the reply.
Arthur, who is a builder, was sub
jected by Ach to a long examination,
but he answered the questions put TO
him satisfactorily and a challenge in
terposed by Ach was disallowed on
Heney's denial R. Bunton, retired, of
1lzS O'Farren strees, and David Nc
Kenzie, real estate dealer of 426 Third
avenue, expressed decided opinions, re-
garding Ruefs guilt and We're dis
missed by consent of both attorneys.
sPLANTv is SUSPECTED
John n. Lederle, ex-sailor and keeper
1f a lodging house at 230 Grove street,
was passed by Ach after a perfunctory
examination that raised a strong sus-
Ricion that the defense would have
been glad to secure him as a member
- hsr+ IL,
5eveloped the fact that the venireman
was not on the assessment roll, and he
Syas dismissed.
The prosecution had in it's possession
Bt the time q statement claimed to have
been made by Lederle TO the effect that
be never would convict Ruef, as he
believed him a genius and thought that
pc would have become a second Richard
Croker il Schmitz had not let munich
pal grating go so far Lederle was
also credited with the suggestion that
Ruef should be appointed city attorney
snd the admiring assertion that he was
wonderful political boss.
None of this came out during the ex-
animation of the talesman by Ach, Le-
oerles answers being a complete dis
elsimer of any opinion or bias, but
mission that he was anxious to serve
as a juror.
cALEsMEN EXAMINED
Other talesmen who were examined
Yesterday and excused on the ground
3f bias were: Stewart Middlemas
leather merchant, 1900 Franklin street:
Thomas Kervy, retired Insurance man.
80 Hill street; r. S. Atkins of 942 Ash
bury street; G. II. Kahn, optician. 2O25
Steiner street; L. B. Parramont I7Ie
Buchanan street; 7. F. Rathjens. 1921
Pacific avenue; P. ]. McGovern. real
estate, 1910 Hayes street; Charles
Keilus. tailor, PALS Washington street
and William NJ Cartwright, l7lO Har-
rison street.
Cartwright was severely reprimanded
by Judge Lawlor at the noon recess for
his failure to respond promptly to a
subpoena and later TO a bench warrant
issued TO bring him into court John
". Schmidt of 901 Point Lobos avenue
and Robert Ward of 1921 O'Farrell
street were in the witness box and
sworn for examination when adjourn
ment was taken last night.
A new jury panel of SO names was
ordered by the court and made return
abfe by the sheriff on Thursday morn
ing at $3.50 o'clock, the present pane
being nearly exhausted.
HAM HALL HOPES TO SETTLE