The San Francisco call., 1908-05-22
HFNFY PREPARES
TO RETRY RUFF
Declares Prosecution of CRATER
Will Continue Until Law
Is INDICATED
Says Efficiency of jury System
Is Now on Trial and Criti=
cises Methods Used

"We will proceed to retry Ruef at the
earliest day possible and Will continue
to try him until the law has been vim
dfcated."-Francis j. Heney.
With no lessening of his cheery, smile
nor slackening in his energetic step,
Assistant District Attorney Francis j.
teney paced the floor of his Office last
night, busy preparing for the next trial
of Ruef even before. the ink had grown
dry on the court order discharging the
nrst jury. Heney seemed not whit
affected by the setback caused by the
disagreement. He paused long enough
to discuss the verdict.
L do not believe that the verdict in
the Ruef trial was fair INDEX nor
representative reflection OF the hon
esty, intelligence and good citizenship
of the community" he said. Il am
convinced that seven people out OF 10
in San Francisco desire to see honest
execution of the laws. But 1t begins
to look to me as If another condition
exists-and if so, the people must put
the blame where 1t belongs, to-Wit: on
those superior judges who furnished
such large proportion of bad citizen
ship from which to select our jurors.
The efficiency of the jury system In
San Francisco is now on trial and it is
being, put to a very severe test.
When Ruef first confessed his
crimes 1 asked him how it came that
he did not use the political influence
which he had when the jury box was
made up in February, 1907, to have the
was certain would, be favorable to him
self. He then told me that he had
taken steps to effect that, but that he
had not gotten it as perfect as he de-
sired.
RUEF HAD TIME
From the time Ruef was caught to
the time Mr.. Langdon called off his
Immunity contract Ruef had plenty OF
time to perfect his plans in that respect
and the. indicted officials of the United
organized force to assist him in the
job.
Indeed, it is a well known fact
among lawyers that 1t has been almost
damage suit against the United Rail
roads since A. A. Moore became attor
ney for that company. The records
show that but two judgments have been
secured in the last two years, although
a very large number of cases have been
tried.
The juries for each case are drawn
from what is known as the Jury box
single name on each. Each of IL su-
perior judges furnish 200 names.
1T would be interesting to know
just where each Of the judges obtained
his 200 names and who, if any one,
suggested them TO him.
When this system of furnishing
juries was adopted by the legislature
1t was believed it would result in Sc
curing a good class of juries. but 1t
does not seem to work out that way
I'm the Schmitzacase, out of the sew
eral hundred names drawn from the
Jury box, third by actual count
were either those of saloon keepers
or cigar dealers who sold pools on
the races. 1t is fnconceiyable that the
names could have found their way into
that jury box accidentally 1t was
by accident it certainly. shows gross
carelessness in4the selection of jurors.
ARE HONEST MEN
Many saloon keepers are honest men
of the fact that Schmitz and Ruef then
had control of the police commission,
which had arbitrary power over the is
suance of licenses and could destroy
the business of any pool seller, the
selection of so many names of men in
such occupations was at least signifi-
cant.
I'm the Ruef case which has just
been tried two jurors who had quail
fed and been passed were discovered
by the district attorney to be eX-con-
victs just in time to get rid of them.
Both. singularly enough, were corelig-
ionists with Ruef and one of them was
a saloon keeper.
''The evidence against Ruef in the
case just tried was absolutely conclu-
sive, both from a legal and commons
sense standpoint. The guilt of Ruef
was shown to mathematical GER
tainty.
I'VE will proceed to retry Ruef at
the earliest day possible and will con-
tinue to try him until the law has been
vindicated3