The San Francisco call., 1908-10-15
RUFF CASE MAY Be
| HEARD IN TH[ATER
Judge Lawlor and Counsel
Agree on Transferring Trial
to the Quiet Colonial
Juror and Deputy Sheriff Dis
agree Over Appropriateness
of Rum Omelet

IT plan agreed upon yesterday by
Judge Lawlor, Assistant District At
torney Heney and Attorney Henry Ach,
| chief counsel for Abe Ruef, can be car
ried out. the Ruef trial will be held
in the Colonial theater instead of in
Judge sLawlor's present courtroom at
| McAllister and Hyde streets. The
change was not suggested through any
desire of the court or counsel to stage
the Ruef drama for the benefit or the
public, but because of conditions which
make 1T impossible to continue longer
at the present location.
Ever since the beginning of the trial
both court and counsel have been COM
planning of the noise from the streets
outside the criminal courts building
which has been nerve. racking and has
| caused delay after delay. Judge Law
lor has made several requests TO the
board of supervisors for relief, but
nothing has been done. Yesterday the
constant Interruptions led to a confer
ence concerning the matter and it was
agreed that efforts should be made to
secure the Colonial theater, in Meal
lister street near Market, which is the
only large hall in the immediate vicin-
ity OF the other courts. Judge Lawlor
said that he would look into the mat
ter at once, and II the theater can be
secured for 2 reasonable amount the
SOQl may Dc -IIdnSIefftQ LneT6 WlIIlu
few days.
An otherwise dull day in the trial
was enlivened at the noon recess yes
terday byAa request from Juror Charles
A. Roller Tor a judicial decision con-
corning the admissibility into the
Jury's diet list of a rum omelet. The
request for ruling was the outcome
of a wordy battle Tuesday night at the
st. Francis hotel between Roller and
Railif Frank T,vneb of the
officials in charge of the jury. Roller
ordered the dish as part of his even
ing repast, when Lynch commanded
halt.~ Relying upon the unwritten rule
that the jurors may not indulge in any
intoxicants while serving in the case,
Lynch declared the savory omelet
taboo Roller objected to the order
and there was a clash, during which
the lie was mutually passed and sevv
eral unpleasant personalities in
dulged in.
Roller yesterday called Judge Law
lor's attention to the matter, declar-
ing that the extent 10 which official
supervision had been carried was more
than he would stand. The court called
Lynch to the bench and explained that,
while sobriety was a virtue, the ban
on liquor might possibly be carried too
far Explanations were forthcoming
from both juror and bailiff and an
amicable adjustment was reached.
Not juror was accepted yesterday.
although nearly a score of talesmen
were examined. The last venire was
exhausted and a new panel of 40 has
been ordered into court today. The
talesmen examined and excused yes
terday were: Edwin c. Young, H. e.
Meisel. Frederick A. Baumann. John A.
Reed, Leicester w. Parker, Frank F.
Blair. Max Bernstein. Joseph A. Rock,
John Parker. w. ], Donnelly, Albert F.
Kitchner, Robert Cunningham, John A
Ormond, Silas V. Peiser. Charles Ran
kin, John w. Whisman. John NJ. Ratio,
Edgar C. Stoughtenburg, Augustin "A
Berti, Lyman F. Trumbull, Edward G.
Vincent. James ]. Torney, Robert K
Malcolm, George z. English, David c.
Martin. James A. Brice, Joseph Nossen
and Joseph l.. Byrne.