The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-04-18

A flow Of language from Henry Ach,
chief counsel for Abe Ruef. was the
principal thing that happened during
the latter's trial before Judge Dooling
yesterday. It cannot be called a fea-
ture, for Ach's prof1igacy in the use
of good English Is not of unusual oc-
currence. However, he managed to
occupy the principal part of tho day
with his torrent Of vooalisn. and that
to the exclusion of practically every
thing else. Two more talesmen were
passed to the jury box subject to per-
emptory challenge and four are still
lacking to complete the requisite num-
Der. So stands the Ruef trial at the
end of 10 days.
George BARLEY, a retired farmer.
and Timothy MoSweeney. a saloon
keeper, were the two men added to
the list yesterday.
Newton G. Cohn, real estate dealer;
Morris Haas. liquor dealer; Giuseppe
Andriano, restaurant proprietor, and
John Louis yermeil. hay and grain
merchant, are the four who have
passed satisfactory preliminary exami-
nations but are still subject to ques-
tioning by both prosecution and de-
Tense. BARLEY was passed after a
acknowledgement of having a general be-
lief In Ruef's guilt. He declared. how
ever, that he held no opinion con-
corning the Parkside cases and could
give the defendant an impartial trial.
and the challenge was overruled. Nc
Sweeney passed through the ordeal OF
a. long cross examination by Ach with
out betraying any bias or prejudice
against either side, and was accepted
without challenge
EXCUSED AT OWN REQUEST
Marcus Lafee, q manufacturer, who
was passed subject to peremptory chal-
lenge on Thursday, was excused at his
own request at the beginning of the
court session yesterday morning. He
asked for permission to speak, and told
the court that he was suffering from
eye troubles and severe headaches
which he feared would interfere with
the trial in case he was sworn as a
Juror. He begged to be excused on this
ground and the request was granted
without opposition from either side
Ach reverted to his dilatory tactics
early in the day by challenging the
return of the new jury panel ordered
into court yesterday morning. He OBJ
jected to proceeding either by drawing
the remaining names from the old
panel or by taking names from those
Drought llLO court OH the new panel,
and made specific objections to the
form of the official return made by the
sheriff. The return was signed by
Deputy Sheriff Thomas j. Kelly, and
declaring that 1t was impossible for
Kelly to have performed the service
sworn to, Ach offered to prove by call
ing Kelly that such service had not
been actually made.
SHOWS ACHs BAD FAITH
Assistant District Attorney Heney
showed up Ach's bad faith in the mat
ter by stating that he knew that Kelly
had been UP all night attending to
the duty and declaring that Ach was
merely attempting to gain delay
through Misrepresentation and claims
which were without foundation.
In answer to a direct question from
Judge Dooling. Ach was forced to state
that his objection was based on the
belief that Kelly had deliberately failed
to serve certain talesmen. On this
ground Judge Dooling consented to
allow Ach to produce proof at later
time. but overruled the other objec-
tions without going further into an
investigation. Cornered by the unex-
pected concession on the part of the
court, Ach reluctantly stated that he
had no personal knowledge of any NAL
feasance on the part OF Kelly, but that
he made objections because he had