The San Francisco call., 1908-10-09
BLAKE RELIES ON
TECHNICAL POINTS
Attorney for Alleged Jury Brib=
er Attempts to Confuse
Issue at Trial
Assistant District Attorney
Shows Kelly Reported Pro-
pOSal as Soon as Made

Final argument in the case of f. A.
S Blake. charged with an attempt to
bribe a juror in the Ruef case. was
begun yesterday afternoon in Judge
Dunne's court and will be concluded
this morning by Attorney Carl Lind
say for the defense and District At
torney Langdon for the people. The
case probably will be ready for the
jury by noon.
The summing up for the prosecution
was made yesterday Afternoon by AS
sistant District Attorney Ferrari after
several witnesses had been called in re-
buttal by Langdon.
Ferrari characterized the crime with
which Blake is charged as being of
deeper stain than an ordinary felony
in that it aimed at the very found
ations of government and grew from a
desire to thwart justice. He drew at
tention to the fact that Kelly reported
the bribery case to the district at
torney on the very day the proposal is
alleged to have been made to him,
while Blake waited for nearly two
weeks, according to his own statement,
before mentioning the affair to any
one.
Ferrari scoffed at Blake's assertion
that he did not want to get his friend
into trouble and asked why, if this
were true. Blake had not reported to
Kelly that Ruef's attorneys had de-
clared their intention or taking the
matter into court and had attempted
to get him to make an affidavit.
ATTEMPT TO CONFUSE JURY
Attorney w. H. schooler occupied
an hour and a quarter with the open
ing argument in BlaKe's behalf. For
the most part he dwelt upon technical
titles with which the jury has no con-
Germ and which would be competent
only in an argument before an appeal
court, the evident intention being to
confuse the jury.
Schooler became very dramatic at
times in support of hiss various techni-
cal explanations. but failed to present
a logical summary of the case. He ac-
cused Assistant District Attorney
Heney of perjury by referring to one
of Heney's sworn statements concern
ing a statement by Henry Ach. adding
"Heney and Ach are always on op-
posite sides and 1 don't suppose Ach
said it at ALL"
The defense closec it's case at the
morning session by calling Attorneys
Frank Murphy and A. S. Newburg of
Ruefs staff and Attorney Martin
Stevens who first represented Blake.
Murphy and Newburg corroborated the
meetings with them and Stevens told
of Blake coming TO Nsm to have the
affidavit drawn for use by Ruefs at
torneys.
LANGDON CALLS JUDGES
In rebuttal, District Attorney Lang
don called Judge Sturtevant and Judge
Lawlor to the stand for details of
Murphy's visit to the former and of
what transpired in the latter's court
room. Kelly also was called again and
positively denied a number of the as
sertions made by Blake.
Assistant District attorney Heney
was the last witness called, and proved
more than a match for Lindsay when
the latter tried to trip him up on cross
examination. Lindsay demanded to
know how Heney could be positive
that Murphy was in the courtroom on
the day that Kelly called on Judge
Lawlor, but when Heney's answer
placed some new facts before the jury
he tried to stop it.
You asked for it and now I'm going
to give 1T to you," answered Heney.
Il insist that this man shall not go
on. It's preposterous," cried Lindsay.
Judge dunno ruled that Lindsay had
invited 1t. and despite various inter
ruptions from Lindsay allowed Heney
to finish.