The San Francisco call., 1908-10-21
ANGRY ATTORNEYS
SHOUT ANATnfMAS
Heney and Ach Engage in a
PrOtracted Interchange
of Denunciati0n
Stormy Scene During Ruef
Trial Over Witness ChaI=
Ienged for Unfitness

In vociferous denunciations of each
other and of each others methods and
motives, Assistant District Attorney
Heney and Henry Ach of Ruefs coun-
sci reached the climax yesterday of
all the outbursts of feeling between
them that have so literally besprinkled
the record of the present Ruef trial
The clash was not confined, as usual,
to short interchange of sharp per-
sonalities or 10 a single sneer or bitter
word, but ranged through two fervid
speeches growing out OF an argument
over point of practice. For half an
hour, almost without interruption, the
TWO attorneys thHndered as they might
in arguing TO a 5ury, and the question
that brought il all about was one con-
cerned with the nature of qualifications.
which make a man fit or unfit for jury
duty.
The eligibility of Charles II. Herring
ton. a manufacturer. TO serve as juror
was the point at issue Aca passed
the man without challenge, but Heney
chailengd on the ground of general un-
fitness. and the clash occurred.
Harrington had declared himself so
little interested in civic matters as
or a thoroughly rotten administration
was in power. Though he has lived in
this city for several years he declared
that he scarcely ever read a paper, that.
the graft prosecution was absolutely
without interest for him, that he had
never discussed il or thought OF il and
that he knew absolutely nothing
about il.
ACH BECOMES VIOLENT
81, Ia 11aI
interest in the enforcement of the laws
and whether he did not believe that the
maintenance Of an honest government
was any of his business. Ach entered
violent protests and exceptions, charg-
ing Heney with insulting the juror.
Heney replied that he did not con-
sider a man so lacking in the elements
OF good citizenship fit person to try
case. Achs reply was TO PROFOUND
questions TO the juror that caused
Judge Lawlor 10 eXclaim that such an
examination was most extraordinary"
The speeches followed. in the line of
argument intended on the one hand to
convince the court that jurors lack
Of interest IN municipal affairs could
not serve as a ground of disqualifica-
tion. and, on the other hand, to show
that his admissions had debarred him
from consideration. The challenge was
finally submitted and taken under con-
sideration until this morning.
One additional juror was passed yes
terday without challenge, and there is
only one vacancy now in the jury box
George H. Cross of 22s1 Market street,
manager of the Grand Central hotel,
was the single talesman who proved
satisfactory to both sides. He declared
that his only opinion was one which he
could set aside and disregard in listen
ing TO the evidence in the case.
come into posseS rsn of evidence which
would prompt him to reopen the exam
inati0n of Cross, thus laying the foun-
dation for possible challenge.
The expected order of court reserving
: = portion of the courtroom for the ex-
elusive use of talesmen was made Just
prior to the noon recess yesterday and
came about in a sensational manner.
Heney opened the way by calling the
courts attention to the fact that Ruef
"heelers' were mingling among the
talesmen and conyersing in their hear
ing Ach jumped to his feet. declaring
that he did not know single man in
the employ Of the defense who was in
the room.
HENEY's ACCUSATION
They may not be i'm your employ"
answered Heney. but they are doing
the work. and / can prove It,"
Ach answered by declaring that
agents acting under instructions of
Special Agent Burns were in the body
Of the courtroom, and received the
sharp reply that they were there to
watch the Ruef men. Then Heney
turned to point out man named Cook,
an agent Of the defense. who had been
seated among the jurors but he was
too late. At the first remark on the
subject Cook had jumped from his chair
and rushed out of the room .Ach said
ne didn't know the man. and Heney
answered that he had been hired by
Ruefs latest legal acquisition, Attor-
ney Kirk
Ruef remained silent, while Ach blus-
tered and said he would see about it,
The matter was not reopened at the
afternoon session. but the result was
that several rows of seats were ordered
reserved for jurors, leaving practically
no seats in the courtroom for specta-
tors.
That the trial win be held i'm some
hsll or theater instead of in the pres
ent stuffy and noisy courtroom is prac-
ticaliv assured. The communications
sent by Judge Lawlor TO the board of
supervisors asking for better quarters
was answered yesterday in a letter to
Judge Lawlor from the board. The let
ter contained the statement that the
board had investigated and ordered
that double windows be put in the
courtroom and that two ventiiators be
placed in the ceiling
While the board is experimenting 1
shall instruct the sheriff to look up
more suitable quarters" was the COM
IDent made by Judge LawIor in open
court after reading the letter. Under
the authority vested in him by statute.
he did make such an order and let il be
understood that If a suitable place fs
found he will ignore the action of the
supervisors and move the court The
Colonial theater. in McAllister street
and the Nictory theater in Sutter
street, near Fillmore, are two places
that have been suggested for possible
use.