The San Francisco call., 1908-12-11
Ruef Lawyer, on Trial for Jury
Bribing, Tries TO RidicuIe
the Prosecution
Newburg Also Takes Stand and
Ties Himself Up in Knot
of Contradictions
Testimony Given to Impeach
Blake Presented by Men
With Grievances

Win grievances
Denying that he had ever offered q
bribe TO John Martin Kelly-er to E. A.
S. Blake. Frank ]. Murphy told his
story TO the jury in Judge Muraskys
court yesterday. Murphy was a rare
spectacle as a witness. Peering always
at the ceiling with half closed eyes the
indicted attorney was a pitiable sight
In almost every detail he denied the
confession of Blake. repudiating it as
an attempt on the part OF the prosecu-
tion to s'put I'D job" on the defense.
Murphy spent most of his time as
witness in attempting TO impress the
jury that the prosecution should be
held up TO ridicule. At every oppor-
tunity he spoke about the immunity
contracts that had been given to the
supervisors in order to secure their
evidence. which resulted yesterday in
Ruefs conviction
SHOWS CONFUSION
There were evidences of confusion in
The testimony of the witness as he pro-
ceeded, and such confusion as did arise
played havoc with the defense attor-
neys. They had relied upon Murphy's
testimony against Blake's to show that
The former Ruef lawyer was the victim
OF plot, but certain admissions made
by the witness served only to weaken
his sefanse
Upon direct examination by Schles-
inger, Murphy testified that he had
never been charged with crime. but
before Assistant District Attorney vii
liam Hom Cook had finished with the
cross examination it was shown that
Murphy had faced criminal charges in
san Francisco and in Napa county The
disclosure of these facts seemed to
make Murphy nervous.
Murphy told of the elaborate system
sn vogue among the defense attorneys
20 ascertain how prospective jurors
stood" as regards the defense and the
prosecution He went into detail under
cross examination by Cook, telling how
seven carbon copies OF the special
venires had been prepared by the de-
fense attorneys and how the veniremen
were always sounded or looked up"
The witness seemedsgreatly disturbed
sn finding an answer to the question a s
10 why he had not reported Blake's con
euct and Kellys alleged solicitation of
= bribe TO the district attorneys Office.
lie could throw nc light upon this
phase Of the examination.
TANGLEs HIMSELF
Although Murphy's attorneys pro-
6uced two score of witnesses as to
Blakes bad character and Murphy's
good reputation. Murphy declared upon
cross examination that he did not know
Of Blske's reprehensible character when
the confessed jury briber was requested
by Murphy TO see John Martin Kelly.
and determine how he stood in regard
80 the graft prosecution. Murphy said
that he believed Blake to be innocent
when the latter made the affidavit in
Martin Stevens Office which has since
proved to be false.
All through his testimony Murphy re-
piled TO important questions, Il don't
know, i don't think So and Il could
not remember"
Murphy had stated during the MORN
ing session Of the trial that he had
several lists Of prospective Jurors that
lad been prepared during the early
stages Of the Ruef trial 1t was sug-
gested that he bring the lists into
court during the afternoon session and
when he was recalled to the stand he
was asked by Cook why he did not
bring the lists along. He offered no
explanation other than that he had
not been ordered to produce the docu-
mcnts.
NEWBURG TAXES STAND
a. s Newburg, also under indict-
5nent for alleged connection in the at
tempted bribery Of John Martin Kelly
was called q 5 q witness by the defense
and although he evaded the important
questions asked By the prosecution. he
became badly confused toward the last
and made the discriminating statement
that he had told DR.. Rosencrantz that
Burns was putting up some kind Of Z
Job against the defense and that Muir
ply wanted some kind Of an affidavit
in an effort 10 defeat Kelly's plans of
disclosing the bribery plot to Judge
IawlOr"
When reminded Of the value OF this
statement 70 the prosecution TO be USED
2 gainst Murphy Newburg attempted to
rctract. and made q sort OF vague ex-
PLANTATION. Newburg's unenviable pre-
dicament caused a ripple OF laughter
10 pass over the jury.
More than 40 witnesses were called
By the defense in an effort to prove
mat Blake was 2 man Of bad repute
and that Murphy was a lawyer beyond
suspicion or reproach. The majority
Of character witnesses called by the
defense declared. however, upon cross
examination that they had grievances
against Blake, and one witness de-
cIared that for 10 years he had been
losing sleep over the fact that Blake
owed him $3.50.
Additional witnesses for the defense /
viii be put upon the stand today. 1t
s. expected that the case viii close to-
night.
CAN NOT PAY THEIR DEBTS