The San Francisco call., 1908-04-08

70 limit the examination of talesmen
10 strictly relevant matters and to per-
nit of no useless reiteration of ques-
tions and he made certain rulings
which VII have the effect OF stopping
much Of the waste of time. One of
these was that all inquiry relating to
an opinion on the part Of the tales
man as TO the defendants guilt or In
nocence must be confined absolutely
to the particular case on trial and not
TO similar cases pending against him,
although he said he would permit the
latter investigation for the purpose OF
establishing its effect on the state or
raind Of the talesman.
Yesterday was really a reminder OF
similar scene of nearly year ago.
when Ruef was about 70 face trial on a
charge of extOrtion and when Ach was
displaying his prowess as delayer OF
progress in Just the same way that he
DISPLAYED il yesterday. Then the case
was before Judge Dunno and the per-
sonnel of Ruef's counsel was dinerent
from that at present, but the atmos-
phere was much the same. Now, how
ever. there is no hope Of leniency for
Ruef TO look forward to. and Ach's en-
srgies have been redoubled.
II sensations We're not so much
matter Of course whenever graft case
IS put on the boards the opening ses-
eions OF the Ruef trial yesterday would
have furnlSnGQ
Batiate the most inveterate hanger on
Of the criminal court rooms. There were
some sharp clashes between counsel,
some interchange OF lively filings, and
81 was brought out in the most positive
way that an effort has been made to
provide a means for the disqualification
of teiesnen by furnishing them with
printed pamphlets containing the edited
version Of Ruefs affidavit filed some
weeks ago In Judge Lawlor's court.
AFFIDAVIT CIRCULATED
Ruefs anidavit which has been thor
cughly discredited by the counter af-
ndavits fled by the prosecution, was
frepared in pamphlet form In the Of
Zee Of the Oakland Tribune, and sub
headings intended to reflect on the mo-
tiveS. Of the prosecution in making and
annullfng the immunity contract with
the ex-boss were inserted Thousands
of these pamphlets were distributed
broadcast and several hundred of them
were delivered at Ach's Office Though
Ach denied at the time that be knew
anything OF the publication, informe-
tion reached the prosecution that IL was
the intention of the allied graft de-
fensc to send & copy 70 every member
Of the Jury panel sworn TO try Ruef,
Gnd yesterdays developments olinched
this fact.
James Baumberger. the third tales
man called, volunteered the information
that he was the recipient Of one Of
these garbled copies of the Ruef afa-
eavit- Ach was questioning him close
II concerning his newspaper reading
when he interrupted the attorney with
the declaration that he had recently
received some literature from the de-
fense." He explained that copy of
the pamphlet was delivered at his home
By some person unknown to him. 1t
was impossible to attempt to trace the
channel through which the document
reached him, but his statement served
as z commentary on the methods Of the
defense that did not pass unnoticed.
As result OF the examination OF
the first talesman called to the jury
box, Judge Dooling was forced to
give a ruling that raises a point
which has passed unnoticed. or at
least unchallenged, in this state for
over score Of years. Ach objected
that the prosecution had no right TO
conduct e perfunctory examination of
a .talesman, pass him on to the de-
fense and then challenge him for
cause on matters brought out at the
first examination after the defense
had finished it's inquiry. He declared
that the prosecution should challenge
at the completion Of its own examina-
ton or else not at all. Heney at once
adopted the defense should be forced
to examine the talesmen first in order
that the prosecution. With its fewer
peremptory challenges, might have
the last opportunity to challenge for
cause. hurried search Of the
statutes apd state reports during the
noon recess brought out the fact that
the statutes actually do provide that
q talesman shall be examined first by
the defense. but that the practice in
all California courts for over 20 years
has been in direct opposition to this.
the prosecution conducting the first
examination in all criminal cases.
IF IL were a smaller and less i'm
portant case I would have no hesi-
tsncy in overturning this practice"
eaid Judge Dooling in ruling on the
question after * was submitted to
him. I think that the practice
which has been followed for many
years is directly opposite TO the pro-
visions OF the code. yet do not feel
privileged at this time. IN the face Of
al these years II has gone unchal-
lenged. to overturn it. The prosecu-
tion must make its challenges for
cause before passing a tslesman and
may only challenge later where good
cause appears on new facts brought
cut
-FOUR ARsENTEEs.
OF the 60 Jurors on the venIre, 1s
were absent when the roll was called
yesterday morning. The first. four
names drawn from the jury box
proved TO be those OF absentees. and
Ach made his first effort to delay pro-
ceedings by objecting to going ahead
with the drawing Of any more names
until these jurors had been brought
into court and placed in the jury
box. He was overruled and the draw
tng proceeded until twelve men were
seated in the box.
District Attorney Langdon sketched
the case on which Ruef is to be tried
end began the examination OF Percy
Beamish, furniture manufacturer and
Republican state central committeeman
from the thirty-ffth district, who was
the first talesman called. The initial
encounter with Beamish did nor come
until after Langdon had passed him
end Ach had brought out meagre
Admission Of his political activities in
the days when Ruef was still the
boss. Beamish was forced to admit
that he was a member of the repub-
iican state central committee from the
thirty-fifth and had been a Ruef can