The San Francisco call., 1908-11-10
ACH FIGHTS TO BAR
KEANF'S TESTIMONY
Lawyer Pleads That Evidence
Is InadmissibIe Because He
Was BOOdIer's Attorney
Foundation of Case Against the
Curly Boss Is Laid by
the Prosecution

Progress proved as slow yesterday
in the actual trial of the Ruef case as il
was during the weeks while the I'M
parchment Of the jury was in order
George 3. Keane, former clerk OF
the board Of supervisors during the
Schmitz- -Ruef administration, was the
only witness on the stand, and the tes-
timony taken did not reach beyond the
foundation stage
But few new details OF the graft his
tory were brought TO light, the substance
OF Keane's testimony dealing with the
often repeated story Of the infamy OF
the boodling board Of supervisors. lr
his frantic endeavor TO keep Keane's
testimony out Of the record, Attorney
Ach Of the defense objected several
times 70 Heney's questions on the
ground that Keane was formerly an
attorney for Ruef and that the ques-
tions asked tended 10 inquire into con-
fdential communications between at
torney and client
During one of the numerous clashes
with Ach, Heney declared that the line
Of testimony he was endeavorlng to
secure would show that after the fire
while Ruef was claiming to be exert
ing himself in the interests Of the city
he was actually planning Illegal deals
with the various public service cor
porations while the ashes of the city he
claimed TO be aiding were still hot
He asserted that Ruef was trying to
gain privileges for these companies and
was really their agent in dealing with
the supervisors.
DESCRIBES THE CAUCUS
From Keane, Heney drew the details
Of the caucus Of the supervisors after
the FIRE which was held in Pat Nc
Gushin's saloon, and at which Attorney
Frick. representing the Home telephone
company, was present
Keane was recalled TO the stand when
the case was resumed yesterday morn
ing, and went farther into the details
OF the way in which the various matters
in which bribery afterward figured
were brought 10 the attention of the
board. He told of the Sunday night
caucuses Of the board at which Ruef
was always present. and gave from
memory as much as he was able Of the
contents Of the minute books of the
caucuses. He declared that all the
minute books except one were de-
stroyed in the fire and that although
he had made a diligent search for this
one he had been unable to find il.
Heney inquired at length into the stand
taken by Ruef at these caucuses con-
cerning the telephone, gas and trolley
matters when they were first mentioned
a--A a. ~ N--I lie-A 4 Ne>CA -. ANAC- IA NA-C
discussions.
Attorneys Ach and Dozier Of the de-
fense continued TO cause delay by their
usual methods Of Objecting to practical
~ every question asked by Heney. and
by plunglng into an argument every
time an opportunity for discussion
offered
REOPENS IMPORTANT QUESTION
In this way Ach again reopened the
question of the degree Of positiveness
necessary to make recollections of 8
witness concerning any given subject
admissible as testimony, although this
was thrashed out at length during
Saturdays session. His anxiety to argue
led him 10 take an entirely different
stand than that on which he based
his argument Saturday and when Heney
called attention TO the discrepancy he
unhesitatingly repudiated the former
argument
Ach objected to Heney's attempt to
have the witness tell about the Sunday
caucuses and the part taken in them
by former Supervisor Gallagher and
Heney responded that such testimony
would throw light on the alleged con-
spiracy between Ruef and Gallagher
by proving their intimacy.
1T would show the intimacy between
them even If these caucuses were
prayer meetings., he added.
Ach answered that a prayer meeting
might concern the commandment rel.
stive 10 the bearing of false testi,
mony and that in Heney's own case
such a subject might some day becom.
q live issue. Before Heney could re.
spond TO the slur the court brought thu
threatening quarrel TO an end anS
ruled that an inquiry concerning AM
meeting-Fayer meeting or otherwis,
at which Ruef was present, was Z
proper subject for examination.
On cross examination Ach ATTEMPTED
70 show that Ruef did not appear at tn,
famous Sunday caucuses in his capacit,
as boss" but because he was specially
invited 10 attend by the supervisors H.
produced several letters written b,
Keane as clerk Of the board to Ruef
in which announcement was made O.
meetings 10 be held, with a reoues
that Ruef attend the conferences. TIL.
letters were written on various date,
between the early spring and the au
tumn Of 1906. They form a new featur,
of the case, having never before beer
introduced in evidence, but Heney
allowed them to go in without objec
tion.
Constant objections and assignment,
Of misconduct. made by the attorney.
Of the defense with view to securins
error in the record of the case, at las
caused Heney to take a decided stand.
such assignments of error" he de
clsred, might as well be understood e
apply to every question I ask"
I'll accept that stipulation" cries
Ach. Let it appear in the record tha
the defense assigns error in regard [,
every question asked by the assistan
district attorney"
Heney made no answer to this an,
the assignment stands so far as tn,
record itself shows. Keane's examina
tion was not concluded when adjourn
ment was taken, but will be resumed
at o'clock this morning.
BLAMES SHADE TREES