Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-12-25
RUFF SAYS HIS
CONVICTION DUE
TO PREJUDICES
DECLARES JURY WAS lNFLU-
ENCED AGAINST HIM
NEWSPAPERS PRONOUNCED HIM
GUILTY, HE CLAIMS
In Affidavit for New Trial Former Boss
Ayers Juror Announced DETER
mInation to Convict Him.
Also Accuses Others

HtAN FRANCISCO. Dec. 4.--Abra-
ham Ruef's attorneys today pre-
~ scented their application for new
trial and the matter of sentence was
postponed until Tuesday, December ~
IN order the prosecution might reply
to the numerous motions and atfidaVits
submitted by the defense.
Today Is the third continuance since
December 10, when Ruef was pro-
nouneed guilty by jury of offering a
hribe to a former supervisor in the
award of the United Railroads trolley
franchise.
The motion for q new trial was based
I1non a dozen lengthy aff1daVits, re-
curing nearly two hours in presenta-
ZION and reeiting charges of grave
character against individual members
of the jury that convicted the deIehu-
ant. -.
The formal motion included a,, . twelve
grounds and to support this Attorney
Dozier attempted to show irregular
conduct during the deliberations OF the
iglrv nv taking the testimony OF the
iurymen, who had been previously
summoned. .,-.-,-.
An objection by Assistant District
Attorney John O'Gara to TINS pro
Tor. Mr.. Dozier then requested thar
fine court order the dispositions OF
lurors taken to establish the allega-
lions of misconduct, but this, too, was
denied. -,
IN one of the Ruef aff1davits offered
opening with a sweeping description
of widespread prejudice alleged 10
have existed against him, the defend
ant charges he had been pronounced
guilty. nv various newspapers; That ne
had been declared the greatest cr1ml-
nal of the age by superior judge,
that he had been denounced from many
pulpits; that his guilt or innocence
had been made an issue in the cam
paign of District Attorney w. II. Lang
don: that w. J. Burns and rudolph
Spreckels had been guilty of miscon-
duct in the court room and that the
men composing the jury had been m
f1uenced to return a verdict of guilty
before the submission of the evidence
Shooting of Heney introduced
In the other affidavits the defense
recited in detail the circumstances sur
rounding the shooting of Francis >;
Heney by Morris Haas November Is
and charged that the jurors mad peen
Immediately influenced by what they
saw and heard of the resultant commo-
ton in the court room.
One of the Ruef affidavits charges
that Alexander Bond, one of the jury
men. in addressing other members OF
the jury just after the shooting, had
said:
.sVell. the - - Jew got one of
his own kind to do the work"
1t was further alleged that Bond
had announced his determination TO
convict, had accused other jurors OF
accepting brides and had several. times
expressed antagonism to Ruef on the
grounds of his religion.
Another allegation was to the eff
feet that Juror Murphy, after he had
been sworn to try the case, had visited
Judge Lawlor, stated he could not fairly
try the case and asked for his discharge.
Judge Lawlor, said the affidavit, had
refused to excuse the juror and had
not notified the defense of the proposal
made.
other charges made in the af1davits
were that the court had erred in limit
ing the argument Of the defense and
in permitting Hiram w. Johnson, in
his closing address, to threaten the
jury.
Considerable attention was paid to
Mr.. Heney's visit to the court room
during the period when the jury was
celebrating, one of the Ruef affidavits
declaring the jurors had heard the
demonstration of greeting to Heney,
and that one or more of their number,
who favored conviction, had threatened
the other members with lynching at
the hands of a mob in the street un-
less they voted to find Ruef guilty.